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(영문) 전주지방법원 남원지원 2013.08.20 2013고단147

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 February 5, 2010, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) at the Southern District Court's Southern Branch, etc. on August 21, 2009, a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) at the same court on August 21, 2009, and a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving) at the same court on March 15, 207.

On June 16, 2013, at around 11:30, the Defendant driven, without a motorcycle driver’s license, B CY 100c bicycle owned by the Defendant while under the influence of 0.095% of blood alcohol content from the front day of the Michuhol-gu Seo-gu Incheon Metropolitan City to the front day of the same Eup Yansan Village of the Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of inquiries and investigation reports, including criminal records, and 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 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the defendant is against the crime of this case, and the fact that there is no past record of criminal punishment heavier than

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