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(영문) 광주지방법원 순천지원 2014.05.02 2014고단180
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 June 14, 2013, the defendant was issued a fine of KRW 4 million for a violation of the Road Traffic Act in the Gwangju District Court's net order support on June 14, 2013, and the same fine is more than once.

On January 6, 2014, the Defendant, without a driver’s license, driven a car with a size of 422 meters from the front of the restaurant building “Yacheon-si” located in the front of the “Yacheon-si” restaurant, which was under the influence of 0.313% of alcohol content during blood, to the front of the building “Yacheon-si Agricultural,” which was located in the 18:13% of the 0.313% of the alcohol content during blood.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. The user ledger of the measuring instruments for drinking;

1. Registers of driver's licenses;

1. Previous records: Criminal records and other inquiries, and criminal investigation reports (verification of summary orders issued by A under the influence of alcohol driving by a suspect) shall apply to statutes;

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 work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1,

1. Article 62 (1) of the Criminal Act on the suspended execution (Consideration of the same circumstances as the above and the fact that the defendant has no criminal record of suspended execution or more);

1. It is so decided as per Disposition for the reason of probation, community service, or lecture attendance order under Article 62-2 of the Criminal Act or more;

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