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(영문) 광주지방법원 2013.03.14 2013고단175

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 December 21, 2012, at around 23:06, the Defendant, without a car driver’s license, driven B-wing freight vehicles from approximately 100 meters at a section of 100 meters to the front of the literature center located in the same Dong from the Dong-dong of Gwangjubuk-gu, without a car driver’s license, while under the influence of alcohol of 0.149%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Application of the statutes on the register of driver's licenses;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation Act, and Article 62-2 of the Act on the Order of Community Service and Order of Education, and Article 59 of the Act on the Probation, etc., that the defendant had been subject to a licenseless driving in a considerable level of 0.149% of blood alcohol level; the defendant repeated the crime of this case even though he had been subject to a fine twice due to the same kind of crime as the crime of this case, drinking and the crime without a license, which is not the same kind of crime, but has had the record of being sentenced to a fine once as a result of the crime of the escape vehicle, etc., which is not the same kind of crime, but has been subject to a suspended sentence and one time of a suspended sentence. However, the defendant's minor mistake is divided into five times, and there is no record of punishment exceeding the fine for the same kind of crime, but there is no additional risk, such as the motive, means and result of the crime of this case, the age and condition of the defendant, etc.