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(영문) 광주지방법원 2013.11.15 2013고단4247

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than eight 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 May 7, 2010, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million for a violation of the Road Traffic Act, and a fine of KRW 4 million with the same crime at the Gwangju District Court on November 12, 2012.

On August 13, 2013, at around 22:16, the Defendant driven C Poter cargo while under the influence of alcohol of about 0.138% of alcohol content without obtaining a driver’s license from the sanitary value in the south-gu, Nam-gu and the front road of the same city, from the packaging fluen in the vicinity of the Jindo, Nam-gu, Gwangju to the end of the same city, and from around 1km to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the influence of alcohol and the inspection results of the control of drinking driving;

1. The register of driver's licenses and the register of car cars;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. Although it is necessary to punish the defendant with severe punishment in order to raise awareness of the same crime as the defendant's continuous crime with the reason for sentencing under Article 62-2 of the Criminal Act, considering that the defendant's mistake is against his/her own mistake and that the defendant would not repeat again, and the criminal records of the same drinking driving are both fines, a suspended sentence sentence shall be sentenced under the condition of the order to attend a lecture. However, in determining the specific punishment, it is so decided as per Disposition by comprehensively considering all the sentencing conditions such as the defendant's age, character, conduct