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(영문) 광주지방법원 2013.10.10 2013고단3335

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

[criminal power] On November 5, 2007, the Defendant was sentenced to a fine of 700,000 won for the crime of violation of the Road Traffic Act at the Gwangju District Court on March 22, 201, and was sentenced to a fine of 2 million won at the Gwangju District Court on March 22, 2011, and was sentenced to a fine of 3 million won for the crime of violation of the Road Traffic Act, and on July 18, 2013, the judgment became final and conclusive on July 25, 2013.

【Criminal Facts】

On June 19, 2013, the Defendant, without obtaining a driver's license at around 16:18, driven a Bioio car at the section of about 80km from the front of a restaurant on the mutual infest 0.109% of the blood alcohol concentration in the Seoul Northern-dong market to the front of the city in front of the Seoul Northern-dong, the Gio car at the section of about 80km from the front of the city in front of the South-Namnam-dong, Seoul Northern-gun.

Summary of Evidence

1. Defendant's legal statement;

1. The user ledger of the measuring instruments for drinking;

1. Registers, etc. of driver's licenses;

1. Previous records of judgment: Criminal records, etc. inquiry reports, investigation reports (former records and attachment of judgment), the previous records, and the application of statutes governing the decision;

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. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order had a record of being punished three times for drunk driving and one time for unlicensed driving, and a detention warrant was issued due to a non-appearance in court proceedings due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Doing Vehicles). However, it was discovered in the instant case and detained under the above detention warrant.