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(영문) 광주지방법원 2013.07.24 2013고단2511
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 April 10, 2008, the Defendant was sentenced to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act, at the Gwangju District Court on April 24, 2009, a fine of KRW 700,000,000 as a crime of violation of the Road Traffic Act, and on February 15, 201, at the Gwangju District Court on February 15, 201, a fine of KRW 1.5 million as a crime of violation of the Road Traffic Act.

Criminal facts

On May 14, 2013, at around 23:35, the Defendant driven Cbee or a car while under the influence of alcohol of about 0.087% without a vehicle driver's license, from around the road in Gwangju Northern-dong to around 23:36 on the same day, the light cancer in the same Dong from around 500 meters to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of his/her oral statement;

1. Registers of driver's licenses;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (prior records, such as driving of a suspect under influence of alcohol);

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 (Taking into account that there is no enemy who has been sentenced to imprisonment or more severe punishment for the same crime);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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