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(영문) 광주지방법원 2015.02.25 2015고단24
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment 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

[criminal power] On December 3, 2010, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Gwangju District Court on December 3, 201, and was sentenced to a fine of 5 million won by the same court on September 21, 2014 and violated Article 44(1) of the Road Traffic Act at least twice.

【Criminal Facts】

On December 20, 2014, at around 02:30, the Defendant driven a golf car with a width of 0.144% under the influence of alcohol without obtaining a driver’s license in a section of about 800 meters from the front of a fluent apartment in the Madern-gun, Madern-gun, Madern-gun to the front road of the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in the judgment: Application of inquiry report about criminal records, etc. and Acts and subordinate statutes to report criminal investigations (report on confirmation of the same kind of force);

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. Imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act - The reason for sentencing under Article 62-2 of the Order to Provide community service and attend lectures - The accused is against the crime of this case and there is no record of punishment exceeding the fine for the accused. - The accused is driving a motor vehicle without a license in the state of drinking alcohol concentration of 0.14%, which is high: the accused is driving a motor vehicle under the state of drinking alcohol concentration of 0.14%, leading to an accident. The accused is sentenced to a fine twice due to drinking driving in the past as stated in the judgment of the court, and there is records of being fined due to

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