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(영문) 광주지방법원 2013.08.27 2013고단3248
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 23, 2009, the defendant was issued a summary order of KRW 4 million by the Gwangju District Court due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the violation of the Road Traffic Act, and the violation of the Road Traffic Act. On October 18, 2011, the defendant was issued a summary order of KRW 3.5 million by the Gwangju District Court due to the violation of the Road Traffic Act and the violation of the Road Traffic Act.

Although the Defendant had been punished twice or more as a crime of drinking driving, around June 28, 2013, around 23:59, the Defendant driven a B-hurged vehicle with a blood alcohol concentration of about 0.093% without a car driver’s license in the section of about 10 meters from the road front of the G-gu Yangyang-dong, Gwangju, Yangyang-dong to the annual Kamansan-dong road located in Gwangju Northern-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the relevant Acts and subordinate statutes stated in subparagraph A, such as a brewing driver's license report, a ledger of driver's license, criminal history records, etc.;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The fact that the previous conviction of drinking driving, which was sentenced to a fine by the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, is committed again despite the previous conviction of drinking driving, the defendant reflects the fact that the defendant, drinking alcohol taking in this case, and all other sentencing conditions are taken into account, the order to attend a lecture shall be determined as ordered by the order

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