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(영문) 광주지방법원 2013.07.12 2013고단2259
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 May 28, 2007, the Defendant was sentenced to a fine of 2.5 million won for the crime of violation of the Road Traffic Act at the Gwangju District Court on March 16, 2012 and sentenced a fine of 1.5 million won for the crime of violation of the Road Traffic Act at the Gwangju District Court on March 16, 2012, and violated Article 44 (1) of the Road Traffic Act twice.

On May 23, 2013, the Defendant: (a) around 23:43, 2013, driven a B rocketing car with the blood alcohol concentration of 0.171%, without obtaining a driver’s license, from the 3rd apartment complex parking lot in the Ronam-dong of Gwangju Mine-gu to around 500 meters before the convalescent hospital.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to investigation reports (report on attachment of precedents on the same kind of power);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

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

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

1. It is so decided as per Disposition for the reasons above, such as the records of the same punishment for sentencing under Article 62-2 of the Criminal Act, the drinking volume of this case, the Defendant’s health condition, and the reflection of the order of education.

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