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(영문) 광주지방법원 해남지원 2013.03.13 2013고단13

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 September 22, 2003, the Defendant issued a summary order of a fine of two million won for the violation of the Road Traffic Act in the Gwangju District Court's support on September 2, 2003, and is a person with more than four times alcohol and non-licensed driving skills.

On January 5, 2013, at around 21:35, the Defendant driven Cma business car without a vehicle driver’s license from approximately 400 meters away from the front road of the Habari-ri, which is in front of the Habari-gun, to the front road of the police box located in the same Myeongri-ri, the Defendant driven Cma business car with a 0.192% alcohol concentration without a vehicle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 2, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 154 subparagraph 2 and 43 of the Road Traffic Act (the point of a without a license driving) of the same Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act provides that the defendant's name, character and behavior, family environment, circumstances after committing the crime, etc.

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;