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(영문) 광주지방법원 2013.09.12 2013고단3380
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 October 1, 2010, the Defendant was sentenced to a fine of 2.5 million won for a crime of violation of the Road Traffic Act at the Gwangju District Court, and was sentenced to a fine of 2 million won at the Gwangju District Court on January 27, 201, and violated Article 44(1) of the Road Traffic Act twice.

【Criminal Facts】

On July 4, 2013, the Defendant, without obtaining a driver’s license at around 01:40 on July 4, 2013, driven a B rocketing car at a 1km section from the front side of the second apartment, which is a monthly-dong, Gwangju Mine, to the same Gu Tamamba, while under the influence of alcohol by 0.123%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver and the report on detection of the driver (2012-6-2406-01277);

1. Registers of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (reports attached to precedents of the same kind of power);

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 reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. not only driven a motor vehicle while the defendant was revoked, but also repeated the crime of this case even though he was punished three times due to the crime of drunk driving and unlicensed driving, which is the same kind of crime in the past. However, in light of the fact that the defendant committed the crime of this case, it is deemed that a strict punishment is necessary for the defendant. However, although the defendant was punished five times by a fine, the defendant was divided into his mistake, and reflects the defendant, the defendant was already punished five times a fine, the same crime has no criminal record other than the above fine.

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