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(영문) 광주지방법원 2013.10.30 2013고단3844

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 of the final judgment.

Reasons

Punishment of the crime

On October 19, 2007, the Defendant driven a freight vehicle B while under the influence of alcohol of 0.081% with blood alcohol concentration of 0.081%. On September 16, 2011, the Defendant driven the above freight vehicle under the influence of alcohol of 0.17% with blood alcohol concentration of 0.05, and violated Article 44(1) of the Road Traffic Act not less than twice.

On July 27, 2013, at around 17:40, the Defendant driven a horse with an alcohol level of about 1km without obtaining a driver’s license from the horse market front of the Mabandong in Gwangju Northern-gu to the roads front of the Korean Pharmacopoeia, and driving the vehicle under the influence of alcohol level of about 0.185%, without obtaining a driving license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to reply to criminal records, etc., each copy of each 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. Punishment provided for in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (Punishment prescribed for a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that there is no previous conviction exceeding the recent fine and the fact that the defendant runs in depth against his/her mistake);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;