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(영문) 광주지방법원 목포지원 2015.04.27 2015고단221
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 7, 2006, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act, from the support on April 10, 2012, a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and from the same support on August 20, 2013, a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act was issued, respectively.

On February 21, 2015, at around 18:10, the Defendant driven B Poter under the influence of alcohol concentration of about 0.155% without obtaining a driver’s license in the section of about 4km from the front of the Materna Center in the front of the Mayang-gun, Yan-gun, Yannam-gun, Yannam-gun, Yannam-gun, the 18:23 on the same day from the front of the Materna Center in front of the Yan-gun, Yan

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The ledger of driver's licenses;

1. A inquiry report, such as criminal records;

1. Application of Acts and subordinate statutes to investigation reports (limited to the previous convictions and summary orders);

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. 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 Article 62-2(1) and the proviso to Article 62-2(2) of the Criminal Act: (a) Defendant’s mistake and reflects his or her fault; (b) Defendant has no record of criminal punishment exceeding a fine since 1997; (c) Defendant has no record of drinking driving other than before drinking driving; and (d) Defendant’s age, character and conduct, family relationship, etc. are subject to a discretionary mitigation of sentence against Defendant; and (b) the enforcement thereof

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