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(영문) 광주지방법원 2013.03.14 2013고단204
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 September 23, 2011, the Defendant issued a summary order of a fine of two million won at the Gwangju District Court on September 23, 201, and on April 5, 2012, the same court was sentenced to a fine of four million won due to a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Free License).

피고인은 2013. 1. 12. 04:49경 자동차운전면허 없이 혈중알콜농도 0.176%의 술에 취한 상태로 광주 광산구 하남동 ‘훌랄라치킨' 앞 도로에서 같은 동 대현주유소 건너편 도로까지 B 포터 화물차를 운전하여 진행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a driver and the register of driver's licenses;

1. Previous convictions in judgment: Criminal records, summary orders, and application of statutes governing judgment;

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 on the suspended execution (it shall take into account the drinking of the accused, the circumstances and criminal records of driving without a license);

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

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