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(영문) 광주지방법원 순천지원 2016.02.17 2015고단2504
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 18, 2009, the Defendant was notified of a summary order of a fine of two million won for a crime of violating the Road Traffic Act in the Gwangju District Court's net support on March 18, 2009, and on November 16, 2015, by receiving a summary order of a fine of five million won from the same court due to the same crime, etc., and violated the prohibition of violation of the Road Traffic Act at least twice.

On November 21, 2015, the Defendant driven B Poter cargo vehicles without obtaining a driver’s license, under the influence of alcohol content of 0.226 percent of alcohol content from the front side of the restaurant in Masan-ri, Masan-si, Masan-si, Masan-si to the front side of the same Eup-Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol during blood;

1. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of each summary order;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (i.e., reflecting the truth in depth, having no criminal record of imprisonment or heavier punishment, or causing any traffic accident);

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

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