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(영문) 광주지방법원 순천지원 2014.10.14 2014고단1111
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On July 20, 2007, the defendant was notified of a summary order of 2 million won as a crime of violation of the Road Traffic Act in the Gwangju District Court's net support on July 20, 2007, and on June 7, 2010, the same court was notified of a summary order of 4 million won as a crime of violation of the Road Traffic Act.

On June 2, 2014, at around 20:10, the Defendant driven C-wing truck under the influence of alcohol content of 0.151% without obtaining a driver’s license on the side of the luminous bus terminal platform in lightyang-Eup at the time of Gwangjuyang-si at approximately eight meters.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (a summary order, etc. issued by a suspect A with the same kind of power);

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 (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (recognating the reason for discretionary mitigation) is against the defendant, and the punishment exceeding the fine is not imposed for the same kind of crime, and the distance of drunk driving is eight meters at the time of the instant crime.

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