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(영문) 광주지방법원 순천지원 2013.06.26 2013고단128
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 July 27, 2007, the Defendant received a fine of one million won due to a violation of the Road Traffic Act (driving) from the Gwangju District Court's net support on July 27, 2007, and a fine of one million won due to a violation of the Road Traffic Act (driving) in the same court on September 21, 201, respectively.

Criminal facts

On January 2, 2013, at around 23:55, the Defendant, without a motorcycle driver’s license, driven without registration owned by the Defendant from 150 meters section to 150 meters in front of the fish market, at 0.173% of the blood alcohol concentration, under the influence of alcohol at 0.173%.

Summary of Evidence

1. Defendant's legal statement;

1. A performance-based driver report and requests for appraisal;

1. Registers of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (a point of driving a motor bicycle), and subparagraph 2 of Article 154 of the Road Traffic Act (a point of driving a motor bicycle without obtaining a license);

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 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the consideration of the fact that the defendant is against his/her will and criminal records, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

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

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