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(영문) 광주지방법원 2013.03.28 2013고단456
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Criminal Power] On April 21, 2009, the Defendant was sentenced to a suspended sentence of 2 years in the imprisonment without prison labor for 10 months due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act (driving). On May 31, 2012, the Gwangju District Court issued a summary order of 3 million won by a fine for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On January 17, 2013, at around 22:56, the Defendant driven a Category B Maz car under the influence of alcohol concentration of 0.076% without a driver’s license, on the later side of the Culture and Arts Center located in Gwangju Northern-dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver and the inquiry report of the driver’s license;

1. Previous convictions in judgment: The application of criminal records, copies of judgment, and summary order Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act on Suspension of Execution (Considering the drinking of the accused, reasons for driving without a license, blood alcohol concentration, criminal record, etc.);

1. Article 62-2 of the Criminal Act concerning probation or order to attend a lecture;

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