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(영문) 전주지방법원 남원지원 2013.04.09 2013고단16

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 22, 2013, at around 21:15, the Defendant driven C Poter Cargo Vehicles while under the influence of alcohol 0.206% of alcohol alcohol concentration, without obtaining a driver’s license, from approximately 400 meters away from the Gluluter parking lot in Geumwon-si, Namwon-si to the front road in the Namwon-si, Namwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

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

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act that choose the penalty, Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the occupation of driving without a license and the choice of imprisonment);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (within the scope of adding up the long-term punishments of the above two crimes), among concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant for sentencing of Article 62-2 of the Criminal Act requires strict punishment in light of the fact that he/she committed the crime of this case even though he/she had the record of punishment for drinking driving and driving without a license. However, the defendant is hard to say that he/she will not repeat the crime of this case in depth and will not repeat again, and there is no record of punishment exceeding the fine due to the same kind of crime, such as the order, shall be determined in consideration of the fact that the defendant has no record of punishment.