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(영문) 광주지방법원 2013.11.28 2013고단5316

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

except that 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 November 3, 2013, the Defendant, without obtaining a driver’s license at around 22:10 on November 3, 2013, driven a vehicle with approximately 1 Km b SpP car from the road located in the northwest-dong in Gwangju, to the Hanpool road located in the same Gu and located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statute to entries in the actual condition survey report and the master-user report;

1. Relevant provisions of Article 148-2 (2) 2, 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. As to the reason for sentencing under Article 62(1) of the Criminal Act, even though the Defendant had a previous conviction related to traffic which was sentenced two times only in the year of 2013, he/she would choose to imprisonment with prison labor in consideration of the fact that driving under the influence of alcohol is caused by traffic accident in the state of unauthorized license even though he/she had a previous conviction related to traffic which was sentenced to a fine, but the Defendant will be