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(영문) 전주지방법원 정읍지원 2015.02.10 2014고단538
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

[criminal power] On March 27, 2009, the Defendant was sentenced to a fine of two million won for a crime of violation of the Road Traffic Act at the Gwangju District Court on March 27, 2009 and a fine of five million won for the same crime at the Busan District Court on February 24, 2011.

【Criminal Facts】

On September 15, 2014, at around 03:45, the Defendant driven a ecoo vehicle B with a blood alcohol concentration of about 0.098% under the influence of alcohol without obtaining a driver's license, from around 5km section from the front of danran to the front of Mapo-ro located in the same side acid.

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 convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (reports attached to summary orders);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;

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