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(영문) 광주지방법원 해남지원 2014.01.08 2013고단282
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 November 20, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act in the Gwangju District Court's branch on November 20, 2008, and a fine of four million won on October 30, 2012 in the same court as the same crime, etc., and the same power has more than once.

At around 21:40 on September 27, 2013, the Defendant, who had been punished twice or more due to the violation of the Road Traffic Act, was driving a D-wing-line truck from the 1km section to the 18th road of national highways located in the south-west Sea Zone B, while under the influence of alcohol with a blood alcohol content of 0.136% without a vehicle driving license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a driver and report on the circumstances of a driver's driving;

1. Registers of driver's licenses;

1. Records before judgment: Application of inquiry records such as criminal records, etc. and copies of summary order three copies of such summary order;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2006);

1. Article 62 (1) of the Criminal Act (In addition to the grounds for discretionary mitigation, various circumstances, such as the age, character and conduct, home environment, and circumstances after committing the crime, etc. recorded in the records of this case);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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