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(영문) 광주지방법원 2013.08.28 2013고단2586

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2013 Highest 2586] On May 27, 2013, the Defendant driven a Dsan PP car with a blood alcohol concentration of 0.125% under the influence of alcohol without obtaining a driver’s license on May 27, 2013, and proceeded with approximately 2 km from the breabbb in the name of a country in the name of the Gwangju Mine-gu, Gwangju, to the roads before the National Pension Management Corporation of the Mine-gu, U.S.

[2013 Highest 3237] The Defendant committed a violation of Article 44(1) of the Road Traffic Act on August 11, 2012 and May 27, 2013 by driving a motor vehicle under influence on at least two occasions. On July 6, 2013, the Defendant driven a motor vehicle under the influence of 0.121% of blood alcohol concentration without obtaining a driver’s license on July 6, 2013, and driven a motor vehicle under the influence of 0.121% of blood alcohol concentration from the front day of the Suwon-dong of Gwangju Mine-gu to the front day of the completed river of the Mine-dong Suwon-dong Suwon-dong Suwon-dong Suwon Hospital.

Summary of Evidence

[2013 Highest 2586]

1. Defendant's legal statement;

1. E statements;

1. Registers of driver's licenses;

1. A report on detection of a host driver (2013 high-level 3237);

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Registers of driver's licenses;

1. The circumstantial statement of the employee;

1. Records of crimes indicated in the judgment: Application of criminal records and summary order statutes;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 153 of the Road Traffic Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (Punishment for any violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( spite of the criminal defendant's two times a fine and one time a suspended execution due to drunk driving, and one time a suspended execution due to his refusal to take a alcohol test, considering the fact that the criminal defendant reflects the instant crime, etc.);