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(영문) 광주지방법원 순천지원 2015.09.04 2015고단982
도로교통법위반(음주운전)
Text

Defendant

A shall be punished by a fine of 3,00,000 won and by imprisonment of 8 months for each of the defendants B.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

Defendant

B was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act in the Gwangju District Court's net support on September 17, 2010, and on April 10, 2015, the person who was sentenced to a suspended sentence of 2 months for a violation of the Road Traffic Act in the Gwangju District Court's net support on April 10, 2015 and is currently under a suspended sentence of 2 months for a violation of the Road Traffic Act.

1. On April 21, 2015, Defendant A, while under the influence of alcohol at around 0.121% of blood alcohol content, driven a DNA knife vehicle at a section of approximately 1km from the street side of the Cheongcheon-dong, Seocheon-dong, Seocheon-si, Seocheon-si, to the front road of the Southern Cheongcheon-si, Seocheon-si, Seocheon-si, Seocheon-do.

2. On April 21, 2015, around 21:45, Defendant B driven an ENAS car under the influence of alcohol content of 0.103%, without obtaining a driver’s license, from the Do in front of the So-dong So-dong So-dong, Seocheon-si to the 800m-si Do in the front of the Southern Seocheon-si, Seocheon-si, Seocheon-si, Do to the Do in front of the Southern refinery station.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and on-site photographs;

1. Making inquiries into the results of each test of drinking alcohol and the results of each test of drinking driving control;

1. License register;

1. Previous records of judgment: Criminal history records, investigation reports (the criminal records and the date of confirmation of the judgment of the accused B), copies of summary orders, and copies of written judgments;

1. Defendant A of the pertinent law on criminal facts: Article 148-2 (2) 2 and Article 44 (1) B of the Road Traffic Act: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (hereafter referred to as "driving without a license") and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (hereafter referred to as "driving without a license");

1. Defendant B of the ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Defendant A: Defendant B of the selective fine: Imprisonment with prison labor;

1. Defendant B’s discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Defendant A of detention in a workhouse: Article 70 of the Criminal Act.

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