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(영문) 광주지방법원 2014.11.25 2014고단3896
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 one year from the date of the final judgment.

Reasons

Punishment of the crime

The defendant has been issued a summary order of KRW 4 million at the Gwangju District Court, on June 5, 2006, by a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 2 million on May 8, 2013.

On October 3, 2014, at around 23:19, the Defendant driven ChoxG car while under the influence of alcohol leveling 0.156% without obtaining a driver’s license in approximately 25 km section, from the residence located in Naju-si B, to the Hangu Hospital located in Gwangju Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to an investigation report;

1. Article applicable to criminal facts;

(a) Drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the same Act.

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition, the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. It is not good that the Defendant again committed the instant crime even though he/she was punished for the same kind of crime for sentencing under Article 62-2 of the Criminal Act.

However, the defendant is sentenced to six months of imprisonment in consideration of the fact that the defendant reflects his own crime in depth and has no criminal record exceeding the fine, and the execution of the sentence is suspended for one year, and the defendant is ordered to attend the compliance driving lecture.

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