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(영문) 광주지방법원 2013.11.07 2013고단3839
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 March 30, 2007, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Gwangju District Court, and KRW 1 million for the same crime at the same court on September 17, 2010.

On July 28, 2013, the Defendant, without obtaining a driver’s license at around 13:30 on July 28, 2013, driven a B-hand car owned by the Defendant in the section of approximately 8km to the front road of the “Pash Sejong Agricultural Cooperative Co., Ltd.” located in the same Si/Dong from the parking lot, after the public-private partnership office in the city of 0.154% alcohol level, while under the influence of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc., inquiry reports, and application of statutes in four copies of judgment;

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 defendant's reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., was not only driven a motor vehicle while his/her license was revoked, but also repeated the crime of this case, even though he/she was punished four times a fine due to the crime of drinking driving and driving without license, which is the same kind of crime in the past (other than that, the defendant is in a state in which a summary order is requested due to the recent crime of refusing to take a drinking alcohol test). However, it seems that a strict punishment is necessary for the defendant. However, the defendant's mistake is divided and against him/her, and the defendant has been punished nine times a fine and one suspended sentence, but there is no record of punishment exceeding the fine due to the same kind of crime.

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