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(영문) 광주지방법원 순천지원 2015.11.03 2015고단1477
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 30, 2013, the defendant is a person who has been sentenced to a summary order of KRW 8 million due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving), a violation of the Road Traffic Act (Dangerous Driving), and a person who has been sentenced to a summary order of KRW 3 million on May 2, 2014 by the same court in the same court on May 2, 2014.

On July 22, 2015, the Defendant, without obtaining a driver’s license on July 22, 2015, driven BK-5 vehicles at a section of approximately 200 meters from the front of the fireworks cafeteria cafeteria located in the Municipal Ordinance-Governing 0.103% of blood alcohol concentration, to the front of the gold branch located in the domination Do Municipal Ordinance-ro at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of two copies of summary order-order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr.

1. Article 62 (1) of the Criminal Act on the suspension of execution (the fact that the same military force is a fine, and that it is against the law);

1. Probation and order to attend a lecture or order to provide community service under Article 62-2 of the Criminal Act;

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