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(영문) 광주지방법원 순천지원 2013.12.19 2013고단1924
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 March 22, 2013, the defendant has three same criminal records in total, such as receiving a summary order of a fine of five million won due to a violation of the Road Traffic Act, etc. in the Gwangju District Court's Netcheon Branch on March 22, 2013.

The defendant is a driver of Bchip car.

On October 12, 2013, at around 21:29, the Defendant driven a car with approximately KRW 20 meters from the front day of the treatment apartment, which was under the influence of alcohol with a blood alcohol concentration of 0.087%, to the front day of the Women's Culture Center located in the same Dong and located in the same Dong, without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. A previous conviction: An inquiry letter and application of each summary order Acts and subordinate statutes;

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 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the stay of execution, including three times criminal records

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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