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(영문) 전주지방법원 군산지원 2014.11.05 2014고단938
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 25, 2010, the Defendant issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act, etc. at the Gunsan Branch of the Jeonju District Court, and on March 6, 2013, the same court issued a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act.

On July 23, 2014, at around 22:20, the Defendant driven Cpoter cargo without obtaining a driver's license in the state of alcohol alcohol concentration of about 2 km from the front of the restaurant where it is impossible to identify the trade name of the U.S. Simsan-dong located in the Simsan-si, to the end of the Non-Nanst-maid Road located in the same Si-ro writing.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry about the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Records before judgment: Application of criminal records, repeated statements, and copies of each 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 2009Da15488, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration into consideration in discretionary mitigation);

1. Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;

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