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(영문) 광주지방법원 순천지원 2013.06.20 2013고단623
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than five 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

1. On February 26, 2013, the Defendant was driving a Bsch Rexton car under the influence of alcohol content of 0.072%, without a vehicle driver’s license, on the section of approximately 500 meters from the road front of a drinking house in which it is impossible to identify the trade name within the 01:31 on February 26, 2013, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license).

2. On April 11, 2013, the Defendant violated the Road Traffic Act (unlicensed Driving) driving on April 11, 2013, the vehicle without a driver’s license was operated from the front of the Defendant’s residence in Macheon-si, to the front of the parking lot located in 21, 17km away from the front of the Gwangju District Public Prosecutor’s Office’s Office’s office, to the front of the parking lot located in 21, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. License register;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to vehicle photographs which a suspect has driven while driving without a license);

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 43 of the Road Traffic Act; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

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