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(영문) 광주지방법원 2013.11.07 2013고단3883
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 March 27, 2009, the Defendant issued a summary order of KRW 2 million at the Gwangju District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Gwangju District Court on November 17, 201.

【Criminal Facts】

On August 15, 2013, the Defendant driven a gallon vehicle at approximately 2 meters in the ballon parking lot in Gwangju Mine-gu, Gwangju, with the blood alcohol concentration of 0.214% without obtaining a driver's license on August 15, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver, the report on detection of the driver, and the investigation report (applicable with the Corruption mark);

1. The register of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, etc. and the application of Acts and subordinate statutes of a summary order;

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 subject to a license revocation, but also driven a motor vehicle in the state of drinking alcohol concentration of 0.214% within the next short period, even though the defendant was punished four times due to the crime of drunk driving, which is a crime of the same kind in the past, in the previous short period, and even during the above driving, the motor vehicle operation in the state of drinking alcohol concentration of 0.214% within the second short period, and the motor vehicle accident that the defendant shocked the parked vehicle during the above driving. However, the defendant's mistake is divided into and against his own mistake, and the defendant has been punished four times as above, but the same crime is punished.

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