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(영문) 광주지방법원 해남지원 2014.06.18 2014고단99
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 August 27, 2010, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by being sentenced to a fine of KRW 3 million on the grounds of a violation of the Road Traffic Act (fluence) in the application of the Gwangju District Court on August 27, 2010, and a fine of KRW 2 million on November 5, 2008 due to the same crime in the Southern Branch of the Gwangju District Court on the same day.

Defendant on January 17, 2014, 22:13 around 22:13, 201, the Republic of Korea Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea;

From the front of the main point to the front of the school of the same school of the same school, CT100 motor without a license plate was driven under the influence of alcohol with a blood alcohol concentration of 0.076% without obtaining a license for a driver's license from about 3km to the front of the school of the school of the same school of the same school.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, inquiry report (A), one written judgment, and application of two copies of summary 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 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2006);

1. Article 62 (1) of the Criminal Act (In addition to the grounds for discretionary mitigation, various circumstances, such as the defendant's age, character and conduct, home environment, and circumstances after committing the crime, indicated in the records of this case);

1. It shall be decided as ordered for the reason of probation, community service and order to attend lectures under Article 62-2 of the Criminal Act or more;

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