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(영문) 광주지방법원 목포지원 2013.09.24 2013고단1330

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

On July 15, 2011, the Defendant, without obtaining a driver’s license at around 00:20 on July 15, 201, driven CPa car under the influence of alcohol with approximately 0.124% of alcohol alcohol concentration at the section of approximately 300 meters from the 300-meter side to the front road of Samhowon apartment located in Samho-gu, Youngnam-gun, Samnam-gun, Samho-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the circumstantial report to the driver and the Acts and subordinate statutes to the driver’s license ledger;

1. The relevant Act on the crime was amended by Act No. 10790, Jun. 8, 2011; and was enforced before December 9, 2011.

(a) The same shall apply;

[1] Subparagraph 1 of Article 148-2(a) and Subparagraph 1 of Article 152(a) of the former Road Traffic Act(a point of driving without a license)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a sentence as a matter of choice of imprisonment (with a fine of one million won for the defendant's drinking and non-license for drinking in 2000, a fine of three million won for drinking in 2009, a fine of three million won for a non-license for drinking in 2009, a fine of two years for a suspended sentence in July of 2009, and a crime of this case during the suspended sentence period, etc.); and

1. Article 62 (1) of the Criminal Act (including the fact that it is against the situation, the distance of driving is not long, the vehicle appears to have scrapped, and the fact that it supports old-age alone, etc.);

1. Probation, orders to provide community service and attend lectures, and the proviso to Article 62-2 (1) and (2) of the Criminal Act;