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(영문) 광주지방법원 2013.11.18 2012고합1223
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On October 6, 2012, the Defendant driven the said car under the influence of alcohol content of approximately 0.229% from the 5km section of approximately 5km to the front day of the Seo-gu Seo-gu, Seo-gu, Seo-gu, Gwangju, 989-53, without purchasing a mandatory insurance policy with respect to the car (C) owned by himself.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of the Korea Customs Service to the traffic accident report, the report on actual condition of a drinking driver, the report on actual condition of a drinking driver, the next inquiry, and the mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 1, 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 (2) of the Act on Guarantee of Automobile Accident Compensation;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment prescribed for a violation of the Road Traffic Act heavier than the punishment);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009) (see, e.g., Supreme Court Decision 2009Da11448, Apr. 2, 201

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more (the grounds for discretionary mitigation are repeated);

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