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(영문) 광주지방법원 2013.10.02 2013고단3309
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 23, 2011, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act in the Gwangju District Court on December 23, 201, and a fine of KRW 2 million for the same crime in the same court on June 11, 2012.

On June 19, 2013: Around 23:15, the Defendant driven the said vehicle at a section of approximately 200 meters from the front day of the Gwangju Northern-gu, without a driver’s license, while under the influence of alcohol with 0.093% of alcohol content without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the driver of the brewing ship;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (a copy of the same criminal records and summary order);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 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 on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act);

1. Probation under Article 62-2 of the Criminal Act;

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