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(영문) 광주지방법원 목포지원 2014.01.16 2013고단1392
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be four months by imprisonment.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 5, 2013, the Defendant, while under the influence of alcohol with 0.094% of the blood alcohol concentration without a driver’s license on September 21, 2013, driven B-do car at a section of approximately 700 meters in front of the shooting distance of the Sejongan Hospital located near the north port in Sinpo-si to Sinpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to entry in the register of driver's licenses;

1. Article applicable to criminal facts;

(a) Point of drinking under the judgment: Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act;

(b) Point of driving without obtaining a license: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Formal concurrence and the choice of a punishment under Articles 40 and 50 of the Criminal Act (the punishment prescribed for a violation of the Road Traffic Act with heavier punishment and the choice of imprisonment);

1. Article 62 (1) of the Criminal Act (including the fact that there is no less punishment of imprisonment without prison labor or heavier punishment for the same crime);

1. It is so decided as per Disposition for the reasons under Article 62-2 of the Criminal Act, Article 59 (1) and (2) of the Probation, etc. Act;

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