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(영문) 광주지방법원 2013.04.24 2013고단829
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 22, 2010, the Defendant was sentenced to a fine of 3.5 million won for the crime of violation of the Road Traffic Act at the Gwangju District Court on April 12, 2012, and was sentenced to imprisonment for the violation of the Road Traffic Act and the violation of the Road Traffic Act at the Gwangju District Court on two or more occasions on April 12, 2012, and was sentenced to suspension of execution on two or more occasions. On January 26, 2013, the Defendant committed a violation of Article 44(1) of the Road Traffic Act on two or more occasions, such as blood alcohol concentration at 0.075% without a driver’s license on January 26, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on internal investigation (report on detection of a user);

1. Registers of driver's licenses;

1. Previous records: Criminal records, court rulings, and application of Acts and subordinate statutes governing summary orders;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 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 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

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