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(영문) 광주지방법원 2013.09.12 2013고단3558

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 June 7, 2011, the Defendant received a summary order of KRW 2 million for the crime of violation of the Road Traffic Act at the Gwangju District Court, and KRW 5 million for the same crime at the same court on January 16, 2013, respectively.

On July 26, 2013, around 23:05, the Defendant, without a driver’s license, driven a 4 km-off car in front of the BY-dong of Gwangju Mine-dong, while under the influence of alcohol content of 0.130%, without a driver’s license, around 26:05.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a driver and the register of driver's licenses;

1. Previous convictions in judgment: Application of criminal records and summary order 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. Article 62 (1) of the Criminal Act on the suspended execution (Consideration of the criminal records of the accused, blood alcohol concentration at the time of committing the crime);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;