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(영문) 광주지방법원 2014.01.23 2013고단5269
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 30, 2010, the Defendant received a summary order of KRW 1 million from the Gwangju District Court to a fine of KRW 1 million for a violation of the Road Traffic Act and a fine of KRW 1 million from the same court on October 7, 2013 to the same crime.

On September 25, 2013: Around September 23:18, 2013: (i) the Defendant was under a non-licensed condition while driving the Category B New Franp Engine from the roads near the Dongyang Building located in Seo-gu, Seo-gu, Gwangju to the front of the regular post office located in the same Dong, while under the influence of alcohol level of 0.159%.

Summary of Evidence

1. Defendant's legal statement;

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

1. A driver's license inquiry;

1. Records before judgment: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

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 and Article 59 of the Probation Act not only driven a motor vehicle under the suspension of driver's license, but also repeated the crime of this case within the short-term period, even though the defendant was punished twice due to the crime of drinking driving, which is the same kind of crime in the past (the defendant committed the crime of drinking driving on September 6, 2013 and again repeated the crime of this case since 20 days have not passed since he committed the crime of drinking driving on September 6, 2013). However, it seems that the defendant was subject to strict punishment against the defendant, but the defendant is divided into his mistake and reflects the defendant, and the defendant did not have any criminal record other than twice the above fine, and the traffic accident while driving of this case occurs.

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