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(영문) 광주지방법원 2013.10.31 2013고단4281
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 September 29, 2009, the Defendant received a fine of one million won as a violation of the Road Traffic Act (driving) from the Busan District Court's branch branch on September 29, 2009, and a fine of three hundred and five hundred thousand won as a violation of the Road Traffic Act (driving) from the Gwangju District Court on November 3, 201.

Criminal facts

On August 23, 2013, at around 23:20, the Defendant driven a B Podp car under the influence of alcohol concentration of 0.149% without a vehicle driver's license from August 24, 2013 to August 23:59, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about driver's license and circumstantial statement of the driver's license;

1. Previous conviction in judgment: Application of Acts and subordinate statutes concerning criminal records;

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. Article 62 (1) of the Criminal Act on the suspended execution (Considering the blood alcohol concentration of the accused, drinking, circumstances of driving without a license, criminal records, etc.);

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

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