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(영문) 광주지방법원 2014.02.14 2013고단5099
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 December 21, 2012, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Gwangju District Court, and was sentenced to a fine of three million won by the same court on January 25, 2013.

On October 1, 2013, at around 05:12, the Defendant driven B K5 cars under the influence of alcohol with approximately 0.172% alcohol concentration without obtaining a driving license in the section of approximately 1km from the 1km road in Seo-gu, Seo-gu, Gwangju to the roads next to the Si Council located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the statutes on the register of driver's licenses;

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 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant has recently been subject to strict punishment in that he/she would not repeat the crime of this case even though his/her previous convictions of the same kind are two times, but the defendant would not repeat the crime of this case. However, considering the fact that the defendant's previous convictions of the same kind were both fines, a judgment of probation shall be rendered only once on the condition of the order to attend a lecture, but all of the sentencing conditions such as the defendant's age, character, conduct and family relationship are also considered in determining the specific punishment.

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