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(영문) 광주지방법원 목포지원 2014.04.03 2013고단1489
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 March 12, 2013, the Defendant was sentenced to a fine of KRW 1.5 million as a crime of violating the Road Traffic Act (driving) at the wooden Branch of the Gwangju District Court on March 12, 2013, and a fine of KRW 1 million as a same crime in the same court on October 25, 2006.

On September 26, 2013, around 22:13, the Defendant driven a B-ro motor vehicle under the influence of alcohol content of 0.143% without obtaining a driver’s license from the section of approximately 5km in the 3rd apartment near the Mapo-si, Sinpo-si, Sinpo-si from the 3rd apartment near the Mapo-si, Sinpo-si to the Mapo-si.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

1. Application of the Motor Vehicle Driver's License Registers Act 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da1548, Apr. 1, 2007; Supreme Court Decision 2007Da1548, Apr. 2, 2

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

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