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(영문) 광주지방법원 순천지원 2013.04.05 2013고단53
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the defendant shall be sentenced to the above punishment for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 30, 2008, the defendant was sentenced to a suspended sentence for 10 months by imprisonment for violating the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Road Traffic in the Gwangju District Court's net support on December 30, 2008. On February 2, 2012, the defendant was sentenced to a suspended sentence for 3 million won by committing a crime of violating the Road Traffic Act in the Gwangju District Court's net support on February 2, 2012.

1. Around 04:00 on January 3, 2013, the Defendant: (a) driven a C low-speed car with a blood alcohol level of 0.089% under the influence of alcohol without a vehicle driver’s license from the vicinity of the citizen center located in the Gwangjin-dong at the time of leisure water to the road located in front of the YY-dong at the time of leaving the city at the time of leaving the city at the time of leaving the Y-dong, the Defendant driven a 2km car with a blood alcohol level of 0.089%.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of the said high-speed car.

The Defendant operated the said low-est car that was not covered by mandatory insurance at the same time and at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Two copies of mandatory insurance policies;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (trades of a violation of the Road Traffic Act and a violation of the Road Traffic Act; Punishment of a violation of the Road Traffic Act of which punishment is heavier;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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