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(영문) 광주지방법원 순천지원 2013.04.17 2013고단196
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 August 14, 2012, the Defendant received a summary order of KRW 3 million from the Gwangju District Court's Netcheon Branch on November 9, 2012, and a summary order of KRW 4 million from the same court on September 21, 2012 due to drinking driving on September 21, 2012.

Criminal facts

On December 16, 2012, at around 23:20, the Defendant driven C 1 ton cargo vehicle with a blood alcohol concentration of about 0.106% without obtaining a driver’s license from the front side of the Yansan-gun, Yannam-gun to the front side of the same Eup red livestock hospital.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (previous and investigation reports);

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 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., that there is reflectiveness and that there is no same criminal record, in addition to the fines imposed twice);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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