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(영문) 광주지방법원 2013.04.23 2013고단783
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

[criminal power] On February 16, 2009, the Defendant was sentenced to a fine of KRW 1.5 million by the Gwangju District Court for a crime of violation of the Road Traffic Act (driving) and a fine of KRW 3.5 million by the same court around October 4, 2012.

【Criminal Facts】

On January 17, 2013, at around 19:10, the Defendant, without a car driver’s license, driven the Bpoter spoke spoke, from around 1km to around 1km to the front day of the Gerogic care source, while under the influence of alcohol by 0.130% of blood alcohol level without a car driver’s license.

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 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 (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 reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. are subject to a fine twice as a crime of drunk driving, which is a crime of the same kind of crime in the past. In particular, the defendant repeated the crime of this case within a short period not exceeding three months after he was subject to the last punishment due to drunk driving, and the defendant caused a traffic accident that shocks the facilities installed on the side in the construction site on the road during the above driving. However, it seems that a strict punishment is necessary for the defendant; however, the defendant repents his mistake and reflects the defendant; the defendant was sentenced to a fine four times, and one time a suspended sentence was sentenced to a fine, but there was no criminal conviction other than the same crime.

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