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(영문) 광주지방법원 2013.04.25 2013고단1147
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

The defendant is the driver of the car in the car B.

On 22:50 on 20 December 20, 2013, the Defendant driven the said car at a section of approximately 200 meters from the street room front of the company’s infinite-dong, Gwangju, to the street room front of the modern hospital located in the same area, while under the influence of alcohol by 0.076% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Management and inquiry reports on the entry into the register, and circumstantial statements of the entry into the register of drivers;

1. Application of the statutes on the register of driver's licenses;

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 of the Road Traffic Act and Articles 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. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act include: (a) the Defendant had a record of having been punished four times a fine due to drunk driving or unlicensed driving, etc.; and (b) the Defendant committed the instant crime again after the last crime; (c) it is deemed that the Defendant requires strict punishment; (d) the Defendant’s depth reflects; (c) the Defendant’s blood alcohol concentration, driving distance, etc. shall be determined by taking into account the details of the order.

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