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(영문) 광주지방법원 목포지원 2015.02.26 2014고단2082
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

On April 20, 2010, the Defendant issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) at a wooden branch of the Gwangju District Court on April 20, 201, and on October 18, 2011, the same court was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act (driving).

1. On July 7, 2014, at around 20:55, the Defendant driven a chip knife vehicle B with approximately 0.072% of the blood alcohol concentration in the section of about 10km from the 10km to the road front of the Geumsan-gun, Chungcheongnam-gun, the Cheongan-gun, the Cheongnam-gun, the Donnam-gun, a convenience store where it is difficult to identify the trade name in front of the convenience store in which the trade name is unknown.

2. On September 29, 2014, at around 19:55, the Defendant driven the lux knife vehicle with a blood alcohol content of at least 0.116% while under the influence of alcohol without obtaining a driver’s license from a section of approximately 2 km from the front side of the sexual infant livestock industry, which is located in the Cheongnam-gun, Cheongnam-gun, Cheongnam-gun, Cheongnam-gun, in front of the same side to the front side of the Seoho-ri Village.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. A report on detection of a host driver;

1. The ledger of driver's licenses;

1. A inquiry report, such as criminal records;

1. Investigation report (Attachment of the same kind of judgment), - Application of summary order 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), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act (trades between the crimes of violation of the Road Traffic Act on September 29, 2014 and the crimes of violation of the Road Traffic Act (Free License)) of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Probation and community service order under the Criminal Act;

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