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(영문) 광주지방법원 순천지원 2014.06.18 2014고단535
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 18, 2011, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act, and KRW 7 million as a fine for a violation of the Road Traffic Act in the same court on September 11, 2013.

On March 15, 2014, at around 23:00, the Defendant driven a B B B B B-type car with a blood alcohol content of about 100 meters from the front of the State-dong “Bridge” road to the dial road of the “Dong Sea” 100 meters, without a vehicle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection (driving, driving without a license) and report on the status of drivers;

1. Registers of driver's licenses;

1. Previous conviction in judgment: Application of Acts and subordinate statutes concerning criminal records, investigation reports (former and attachment), net 201 high-ranking assistance 201 high-ranking 4974, copies of summary order, net 2013 high-ranking 2013 high-ranking 6550 copies of 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

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

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