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(영문) 광주지방법원 2013.10.02 2013고단3334

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 November 22, 2010, the Defendant was notified of a fine of one million won for a violation of the Road Traffic Act in the Gwangju District Court's net support on November 22, 2010 and a fine of four million won for a violation of the Road Traffic Act at the Gwangju District Court on April 2, 2012.

On June 6, 2013, at around 07:00, the Defendant driven a BL car without obtaining a driver’s license in the state of alcohol alcohol level 0.181% while under the influence of alcohol level 0.181%, from the road front of the mutual influence fluence, which is located in the net 07:40 on the same day to the point of 46.8km fluence fluence fluence fluently in front of the mutual influence fluence fluence.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Records before judgment: Application of criminal records, etc., written inquiry and written summary order-related 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 driving sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving without a license);

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 suspension of execution (Consideration to the fact that imprisonment with prison labor or more punishment is not imposed for the same kind of crime);

1. Probation under Article 62-2 of the Criminal Act;