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(영문) 광주지방법원 2013.04.09 2013고단553
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 October 2, 2007, the Defendant was issued a summary order of KRW 2 million by the Gwangju District Court due to a crime of violation of the Road Traffic Act, and a summary order of KRW 3 million by the same court on November 3, 201.

On January 17, 2013, the Defendant operated a section of about 2 km from the parking lot of the Suwon Hospital located in the Suwon-dong, Gwangju Mine-dong to the entrance of the road No. 6-dong, Gwangju Mine-dong, without obtaining a driver's license on January 17, 2013, under the influence of alcohol by 0.204%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. The register of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, etc., and the application of a copy of inquiry report and summary order 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 reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. include a very high level of alcohol level of 0.204% of the defendant's blood alcohol level. The defendant committed the crime of this case again within a short period of not more than five months from the time of punishment, even though he had been punished eight times due to the same kind of crime as the crime of this case, drinking and non-licenseing crime, which is the same kind of crime of this case, but again repeated the crime of this case within a period of not more than five months from the time of punishment, and even if the defendant had caused a traffic accident that shocks the border seat in the center of the road while driving the crime, it seems that a strict punishment is necessary for the defendant, but the defendant is discompeted with his mistake.

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