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(영문) 광주지방법원 순천지원 2015.06.09 2015고단438
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

[criminal power] On October 24, 2013, the Defendant was issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act in the Gwangju District Court’s net support on October 24, 2013, and a fine of KRW 1 million for a crime of violation of the Road Traffic Act in the Gwangju District Court’s net support on November 9, 2012.

【Criminal Facts】

On March 5, 2015, at around 22:31, the Defendant, without obtaining a driver's license, driven a car in the state of alcohol alcohol concentration of approximately 0.119% from a section of about 100 meters from the third apartment road in front of the third apartment to the front road of the modern apartment in the Macheon-si Municipal Ordinance, which is located in the Macheon-si Municipal Ordinance-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (limited to the case of concurrent power, and considering the fact that it is against the punishment of a fine);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Probation and order to attend a lecture, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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