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(영문) 광주지방법원 순천지원 2014.09.24 2014고단1138
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 July 19, 2012, the Defendant was notified of a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act in the Gwangju District Court's net support on July 19, 2012, and was notified of a summary order of KRW 700,000 for the same crime in the same court on July 5, 2010.

At around 21:00 on May 20, 2014, the Defendant driven B while under the influence of alcohol of about 0.062%, without obtaining a driver’s license, from the Do in front of the office of the Gu, YVC located in the Dobong-gu Seoul Metropolitan City (Seoul Metropolitan City), to the front of the entrance of the irrigation village located in the same Gun as the 3km-do office, from the Do in front of the entrance of the drinking village located in the same Gun.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of the Act and subordinate statutes concerning criminal records, investigation reports (limited to those before a suspect's drinking alcohol), net family support 2012 high-level and 424, net family support 2010 high-level and 7505;

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, Jan. 1, 201; Supreme Court Decision 201Do129

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

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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