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(영문) 광주지방법원 순천지원 2015.06.10 2015고단597
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 November 25, 2014, the Defendant issued a summary order of KRW 4.5 million for a fine of KRW 4.5 million for the violation of the Road Traffic Act in the Gwangju District Court's net order support on November 25, 2014,

5. 30. A person with the same kind of power, including being notified of a summary order of a fine of KRW 2 million in the same court for the same crime, is two times.

On April 7, 2015, the Defendant, without obtaining a driver’s license, driven a car with approximately 500 meters galloned B galloned falloned 500 meters in front of the lower-speed market, which is located in the pung-dong in the pung-dong of the pung-si, in the condition of alcohol level of 0.109%, while under the influence of alcohol level on April 7, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, inquiry of the results of crackdown on drinking driving, and the register of driver's licenses;

1. A previous conviction in judgment: An inquiry report, investigation report, application of a summary order to two 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;

1. A suspended sentence of Article 62 (1) of the Criminal Act has two previous convictions for the same crime of violation of the Road Traffic Act which is disadvantageous to the reason for sentencing under Article 62 (1) of the Act, and three previous convictions for the same crime of violation of the Road Traffic Act have not been passed since the date five months have not passed since the date of receiving the fine according to the previous conviction of the same kind of crime, and all other conditions of sentencing specified in the records, such as the defendant's age, character, conduct and environment;

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