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(영문) 광주지방법원 목포지원 2013.09.26 2013고단1036
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 10, 2013, the defendant was indicted for the violation of the Road Traffic Act and the violation of the Road Traffic Act (non-licensed driving) at the Busan District Court on 19 June 2013, and the summary order was issued on 12 July 2013 by the Busan District Court on 19 June 2013.

On July 2, 2013, at around 00:19, the Defendant driven B rocketing car under the influence of alcohol content of 0.187% without a car driver’s license from the front of the Central Hospital located in Magpo-si, Sinpo-si to the width in Sinpo-si and the front of the gas station.

Summary of Evidence

1. Defendant's legal statement;

1. Entry in the circumstantial report;

1. Entry in the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes recorded in reference to criminal records;

1. Article applicable to criminal facts;

(a) Point of driving without obtaining a license: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act;

(b) The point of drinking under the judgment: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;

1. Formal concurrence and the choice of a punishment under Articles 40 and 50 of the Criminal Act (the punishment prescribed for a violation of the Road Traffic Act with heavier punishment and the choice of imprisonment);

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

1. It is so decided as per Disposition for the reasons under Article 62-2 of the Criminal Act, Article 59 (1) and (2) of the Probation, etc. Act;

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