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(영문) 광주지방법원 순천지원 2013.06.20 2013고단617
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 August 30, 2012, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act (non-licenseless driving), etc. on the same support on June 8, 2012, a summary order of KRW 1 million for a violation of the Road Traffic Act (non-licenseless driving), a summary order of KRW 2.5 million for the same support on December 20, 201, and a summary order of KRW 2.5 million for a violation of the Road Traffic Act from the same support on December 20, 2011 to the same support on August 5, 2011.

Criminal facts

Although the Defendant had been punished twice or more for the crime of violating the Road Traffic Act as above, on March 25, 2013, the Defendant was driving a B car with B car under the influence of alcohol 0.109% under the influence of alcohol without obtaining a driver’s license from the front day of the restaurant in which the trade name in the Ordinance-dong of the Macheon-si is unknown at around 22:27 on March 25, 2013, from the front day of the restaurant where it is difficult to know the trade name in the same Dong to the reputation, the reputation, or the front road.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on drivers and the register of driver's licenses;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment to a summary order of the same kind of power);

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

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