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(영문) 광주지방법원 2014.08.05 2014고단2109
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for 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 May 7, 2010, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Gwangju District Court on May 7, 201, and on April 9, 2013, the Defendant was sentenced to a fine of KRW 4 million by the same court on April 9, 2013 and violated Article 44 (1) of the Road Traffic Act at least twice.

On June 8, 2014, at around 22:25, the Defendant driven a D body-ray car with approximately 400 meters alcohol concentration 0.091% under the influence of alcohol without obtaining a driver's license from the front side of the running house located in the Seo-gu, Seo-gu, Gwangju, Gwangju to the front side of the Pungam reservoir located on the same road.

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 the judgment: Application of criminal records, reply reports, and summary orders under 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration for Reduction of Sentence);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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