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(영문) 광주지방법원 순천지원 2013.10.08 2013고단1168

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 became final and conclusive.

Reasons

Punishment of the crime

On June 18, 2009, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act in the Gwangju District Court’s Netcheon Branch on June 18, 2009, and a fine of KRW 3 million as a same crime in the same court on August 20, 2012.

On June 23, 2013, the Defendant, without obtaining a driver’s license at around 23:20, driven a vehicle of approximately 10km C km from the two-west village located in the Sinsan-Eup Sinan-do in the state of drinking alcohol concentration of 0.132%, to the Han Innsan-do in the Han Innsan-do at the time of drinking water, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Comparison with the driver's license ledger;

1. A certificate of blood collection notice;

1. Previous records: 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 the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 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 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the blood alcohol concentration is not high and the crime in this case is divided in depth);

1. It is so decided as per Disposition on the grounds of Article 62 (1) (restatement of the same conditions as the above) of the Criminal Act or more;