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(영문) 전주지방법원 2013.06.19 2013고단1277

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On October 14, 2011, the Defendant issued a summary order of KRW 1 million at the Jeonju District Court for a violation of the Road Traffic Act, and a summary order of KRW 3 million at the same court on May 1, 2012 for a violation of the Road Traffic Act.

On March 26, 2013, at around 00:20, the Defendant, without a driver’s license, driven a B-low vehicle from around 3 km to the front road of the Gu-U.S. Seodong-dong, Jeondong-dong, Seoul Metropolitan City, under the influence of alcohol by 0.109% of the blood alcohol concentration without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on detection of drivers and the ledger of driver's licenses;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 154 of the Road Traffic Act, and Articles 154 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that there is no criminal record exceeding the fine against the defendant, and the fact that the defendant led to the crime in this case and reflects it);

1. Suspension of execution under Article 62-2 of the Criminal Act;