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(영문) 광주지방법원 2014.02.14 2013고단5915

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

On January 30, 2007, the Defendant was sentenced to a fine of two million won as a crime of violation of the Road Traffic Act at the Gwangju District Court, and a fine of one million won as a crime of violation of the Road Traffic Act at the Gwangju District Court on August 27, 2012.

On December 4, 2013, at around 00:02, the Defendant, without a car driver’s license, driven C vehicles with a blood alcohol concentration of about 0.073% at a distance of about 500 meters from the street in front of the Seo-gu Pyeongdong Seo-gu, Seo-gu, Seoul to the front day of the same scopium.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous records: The application of criminal records, inquiry 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 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The judgment of probation is to be rendered under the condition of the order to attend a lecture only once considering the following: (a) the defendant, with the reason of sentencing under Article 62-2 of the Criminal Act, has been twice the criminal records of the same drinking driving; (b) in addition, there is a need for strict punishment in that the defendant would not repeat the crime of this case; (c) the defendant would not repeat the crime of this case against his mistake; and (d) the above same criminal records were both fines; and (e) the defendant's age, character and conduct, family relation, etc., when determining the specific punishment, are