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(영문) 광주지방법원 순천지원 2014.06.18 2014고단512
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 August 24, 2007, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violation of the Road Traffic Act in the Gwangju District Court's net support on August 24, 2007, and on March 25, 2013, the same court was notified of a summary order of 3 million won for a crime of violation of the Road Traffic Act and was punished seven times for the same crime.

【Criminal Facts】

On March 4, 2014, the Defendant, at around 01:19, driven a car in the B Coin, which is owned by the Defendant, without obtaining a driver’s license from around about 200 meters from the front day of the Municipal Ordinance, which was in the Dong-gu Municipal Ordinance, to the reputation of the Dong and the front day of the road in the same Dong, while under the influence of alcohol content of 0.110%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of an employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Records before and after judgments: Criminal records, etc., inquiry reports, investigation reports (where the suspect's previous records and confirmations are attached to the suspect, and the latest judgments, etc.), judgment, and application of Acts and subordinate statutes

1. Relevant provisions of Article 148-2 (2) 2, 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 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, committed the instant crime even though he/she had a record of punishment several times due to the same kind of drinking driving.

However, the execution of imprisonment with prison labor for the defendant shall be suspended only once in consideration of the fact that the defendant's reflects the crime of this case and again does not drive alcohol again.

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