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(영문) 광주지방법원 순천지원 2015.09.15 2015고단1023
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 December 22, 2009, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act in the Gwangju District Court's net support on December 22, 2009, and a fine of 3 million won for a violation of the Road Traffic Act in the same court on August 20, 2010, respectively.

On May 20, 2015, the Defendant driven a B-wing truck with a blood alcohol content of about 0.144% from the 2km section, from the front of the Samyang-ri, to the front road of the Sungsan-si, which is located in the Soyang-si, if the Defendant did not obtain a driver’s license of a motor vehicle, at around 19:40 on May 20, 2015.

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. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (the same type of force is the past record of fines, and the past record is the past record of a crime in 2010 and reflects it);

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

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

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