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(영문) 광주지방법원 2015.07.23 2015고단1523
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That 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 April 30, 2015, at around 03:00, the Defendant driven a DSS3 car under the influence of alcohol content of about 0.184% without obtaining a driver’s license from approximately 300 meters away from the 707-on the south-gu Seoul Metropolitan City, to the Jin apartment, located in the same 1026-2.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the ledger of driver's licenses, the results of the control of drinking driving, the circumstantial statement of a drinking driver, the details of enforcement, and the Acts and subordinate statutes on the control site;

1. Relevant provisions of Article 148-2 (2) 2, 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. As for the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence, in light of the fact that the defendant committed the instant crime even though he/she had the record of being sentenced to a fine of KRW 1 million for the crime of violating the Road Traffic Act at the Gwangju District Court on June 10, 2014, and the same court on December 5, 2014, inasmuch as he/she had received each summary order of KRW 5 million for the crime of violating the Road Traffic Act, the sentence of imprisonment is inevitable in view of the fact that he/she committed the instant crime, and that blood alcohol concentration is higher than 0.184%.

However, in addition, there is no other penal power, and the crime of this case does not lead to traffic accidents, and all of the sentencing conditions of the defendant in the pleadings of this case, such as the age, character and conduct, environment, circumstances after the crime, etc., shall be determined as ordered, taking into account the following factors.

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