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(영문) 전주지방법원 군산지원 2014.07.16 2014고단415
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 February 7, 2013, the defendant was issued a summary order of KRW 3 million by a fine for a violation of the Road Traffic Act in the Jeonju District Court's Gun mountain support on February 7, 2013 and a fine of KRW 4 million by the same court on July 8, 2013 and a violation of the Road Traffic Act (unlicensed Driving).

On April 29, 2014, at around 07:51, the Defendant driven a vehicle C truck without a driver's license, while under the influence of alcohol leveling 0.109% from the 1km section to the road near the long-distance of South and North Korea located in 180, a monthly name of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other 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., the numerical value of blood alcohol concentration in this case, the fact that there is no criminal history except for the previous conviction in the judgment, and the fact that it is against the law);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration into consideration in discretionary mitigation);

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;

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