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(영문) 광주지방법원 2014.11.05 2014고단3265
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On September 1, 2008, the Defendant, at the Gwangju District Court, issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act, and on December 13, 201, the Defendant committed a violation of the Road Traffic Act by being notified of a summary order of a fine of KRW 3 million for the same crime, etc. on December 13, 201. On July 17, 2014, the Defendant was a person with at least two times, and around 17:50 on July 17, 2014, the Defendant driven a B-A car under the influence of alcohol level of approximately 1 km from the international route in the vicinity of the Donsan-dong of Gwangju Mine-gu to the front day of the second apartment zone of the same Gu, which is located at 18 percent of the Gu gold-ro, without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Descriptions of a report on detection of a host driver;

1. Entry in the register of driver's licenses;

1. Previous convictions: Application of the Acts and subordinate statutes in which criminal records and copies of summary order are recorded;

1. Article applicable to criminal facts;

(a) Point of drinking under the judgment: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;

(b) Point of driving without obtaining a license: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Formal concurrence and the choice of a punishment under Articles 40 and 50 of the Criminal Act (the punishment prescribed for a violation of the Road Traffic Act with heavier punishment, and the choice of imprisonment);

1. Article 62 (1) of the Criminal Act (including the fact that the blood alcohol concentration is not high);

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

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