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(영문) 광주지방법원 2013.11.07 2013고단3879
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

[criminal power] On December 5, 2008, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Gwangju District Court on December 5, 2008, and on September 24, 2012, the above court was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On August 7, 2013, at around 23:10, the Defendant driven B car with the blood alcohol concentration of 0.186% under the influence of alcohol without obtaining a driver’s license. The Defendant driven B car from the galleon Do of Gwangju Mine-gu to the front road in front of the acquisition cost of the sunlight in the same location.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on circumstantial statements of a driver of the driving school;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, etc. and other inquiry reports, investigation reports (Attachment to previous records and copies of summary orders);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., not only driven a motor vehicle while the defendant was revoked a license, but also repeated the crime of this case within the next short term even though he was punished four times due to the same kind of crime, which is the previous crime, within the previous short term. However, it seems that a strict punishment is necessary in light of the fact that the defendant committed the crime of this case. However, although the defendant was punished four times as above, there was a history of the defendant being punished for a fine, but there was no history of the defendant being punished for a fine exceeding the same kind of crime, and there is no history of the defendant being punished for a fine exceeding the same kind of crime. Traffic accidents during the

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