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(영문) 광주지방법원 2013.10.02 2013고단3241

도로교통법위반(음주운전)등

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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 27, 2006, the Defendant received a summary order of KRW 1 million from the Gwangju District Court to a fine for a violation of the Road Traffic Act, and on February 1, 2008, a summary order of KRW 2 million from the same court due to a violation of the Road Traffic Act.

On May 30, 2013, at around 00:45, the Defendant driven B car under the influence of alcohol level of about 0.067% without obtaining a driver’s license from the side of the mutual influent library located in Gwangju Northern-dong to the front day of the gold wave announcement located in the same Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses, and car4;

1. The application of Acts and subordinate statutes on criminal records, inquiry reports, and investigation reports (a copy of a summary order);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. The sentence of probation is to be rendered on the condition of community service and order to attend a lecture in consideration of the fact that the defendant would not repeat again against his mistake and that the defendant was a fine for the same kind of drinking and driving without a license. However, in determining the specific punishment, the sentence is to be determined as ordered by taking into account all the sentencing conditions such as the defendant's age, character, conduct and family relation.