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(영문) 광주지방법원 2014.01.28 2013고단5326

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 October 26, 2013, at around 22:30, the Defendant, without a car driver’s license, driven a Ccode car in the section of the section of the Act on the Management of Land, Infrastructure and Transport, from around 11 U.S. Do in the U.K., Gwangju Mine-dong, to around 800 South-North fishing village in the same new village, while under the influence of blood alcohol concentration of 0.123% without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., driving of a motor vehicle at a considerable drinking level, which is 0.123% of blood alcohol concentration when the defendant was revoked, the defendant was punished three times as a crime of drinking driving, which is the same kind of crime in the past, and repeated the crime of this case even though he was punished one time as a crime of the previous crime, and the occurrence of a traffic accident that causes the defendant's shock of roadside trees during the driving of this case is deemed to require a strict punishment against the defendant. However, the defendant's mistake is divided and reflected, and there was no record of the defendant's punishment for the same kind of crime (the nine years have passed since the suspended sentence was sentenced due to the crime of the same kind). The defendant's scrapping of his motor vehicle and repeated the same crime, and the motive, means and result of the crime of this case, the age and condition of the defendant's personality and behavior after the crime of this case, as a whole.