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(영문) 광주지방법원 2014.08.14 2014고단2097
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

The defendant is a person who has violated Article 44 (1) of the Road Traffic Act on June 25, 2007 by being sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act at the Gwangju District Court on June 12, 2009 and a fine of 3 million won for a violation of the Road Traffic Act at the Gwangju District Court on June 12, 2009.

On May 21, 2014, the Defendant, without obtaining a driver’s license at around 21:40 on May 21, 201, driven B rocketing three automobiles owned by the Defendant in the section of approximately 8 km up to the front of the Jicheon-gun, Sungsung-gun, Sungsung-gun, Seoul, under the influence of alcohol content of 0.05%.

Summary of Evidence

1. Defendant's legal statement;

1. Each entry into the report on the status of driving on a driving on a driving on a motor vehicle, the report on the circumstantial statement of a driver on a driving on a motor vehicle;

1. Previous convictions indicated in judgment: Application of each Act and subordinate statute, such as criminal history records, investigation reports (former and previous records and confirmation), and summary order;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do349, Apr. 2, 201);

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

1. An order to attend a course or to provide community service shall be ruled as ordered for the reasons under Article 62-2 (1) of the Criminal Act and Article 59 of the Act on Probation, etc.;

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