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(영문) 광주지방법원 순천지원 2015.05.13 2015고단462
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 April 1, 2011, the Defendant received a summary order of fine of one million won for a crime of violation of the Road Traffic Act from the Gwangju District Court's net support on April 1, 201, and a summary order of two million won for the same crime in the same court on March 13, 2014, respectively.

On January 17, 2015, the Defendant, without obtaining a driver’s license at around 02:37, driven a B-S cruise car at the 2km section from the front parking lot in front of the Heungcheon-si, 101, which is located at the 10.150% of blood alcohol level, to the front road of the Taecheon-si, Gyeongcheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of suspected victims of violation of the Road Traffic Act (e.g., a drinking or non-license), a report on the circumstances of driving under the drinking, a report on detection of a drinking driver and a license register;

1. Previous records of judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to criminal records, investigation 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 lecture attendance order under Article 62-2 of the Criminal Act contains a high blood alcohol concentration at a disadvantage of the reason for sentencing, taking into account the following circumstances: (a) the same criminal record and the same criminal record and the same criminal record of a violation of the Road Traffic Act are two times; and (b) the same criminal record and the same criminal record and the same criminal record of a violation of the Road Traffic Act are not less than normal suspended sentence and more favorable than once; and (c)

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