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(영문) 광주지방법원 순천지원 2013.04.26 2013고단285
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 10, 2010, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act in the Gwangju District Court's net support on May 10, 2010. On March 9, 2012, the same court was sentenced to a fine of 5 million won for the same crime. On July 5, 2012, the same court was sentenced to a suspended sentence of 2 years for 8 months for a violation of the Road Traffic Act, and the said judgment became final and conclusive on the 13th of the same month.

Criminal facts

On January 16, 2013, at around 21:20, the Defendant, without a driver’s license, driven a 50-meter dalp-turd vehicle from the front side of the Mayang-si nuclear power plant, which is under the influence of 0.162% of the blood alcohol concentration without a driver’s license, to the roads adjacent to Samsung Iron in the same region.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the status of drinking drivers;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records and investigation reports (before a suspect's drinking alcohol and reports attached to judgment) and 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the defendant is against his gender, the operational distance is relatively short, and where imprisonment is finalized due to the instant crime, the said suspended sentence becomes invalidated);

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