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(영문) 광주지방법원 해남지원 2013.07.17 2013고단108
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 July 31, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the Gwangju District Court's branch on July 31, 2007, and on September 18, 2012, the same criminal records are more than once except that of a summary order of KRW 3 million issued for the same crime in the same court on September 18, 2012.

At around 21:00 on April 13, 2013, the Defendant, who had been punished twice or more due to the violation of the Road Traffic Act, was driving a Bwing-III truck under the influence of alcohol leveling 0.186% of the blood alcohol level without a driver’s license, in approximately 4km from the front side of the Shin Young-ri, which is located in the front side of the front side of the Sinrinam-gun, to the front side of the passenger farm in the front side of the Sinriri-ri.

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 convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports, 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 1 of Article 152 of the Road Traffic Act and Articles 152 and 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. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2006);

1. Article 62 (1) of the Criminal Act (In addition to the grounds for discretionary mitigation, various circumstances, such as the age, character and conduct, home environment, and circumstances after committing the crime, etc. recorded in the records of this case);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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