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(영문) 광주지방법원 2013.06.14 2013고단1453

도로교통법위반(음주운전)등

Text

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

[criminal power] On November 5, 2007, the Defendant was sentenced to a fine of 2.5 million won for a crime of violation of the Road Traffic Act at the Gwangju District Court on May 30, 2008, and was sentenced to a fine of 2 million won for a crime of violation of the Road Traffic Act at the Gwangju District Court on May 30, 2008, and violated Article 44(1) of the Road Traffic Act twice.

【Criminal Facts】

The defendant is a holder of the B-A-Wurd-Wurd Motor Vehicle.

At around 13:40 on March 25, 2013, the Defendant, without purchasing mandatory insurance with respect to the said car, driven the said car under the influence of alcohol by approximately 2 k-meter alcohol content 0.275% in front of the same Eup/Myeon, from the Samcheon-gun Hospital Hospital Funeral hall in the Yancheon-gun, Samcheon-gun, Samcheon-gun, Busan, the Republic of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Mandatory insurance policies;

1. Criminal records as judged: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act, and choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. It is so decided as per Disposition for the reason of sentencing under Article 62-2 of the Criminal Act, such as the defendant's records of the same crime, the drinking of this case, the degree of drinking of this case, and the support for two children with disabilities of Grade III on the part of the defendant alone.