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(영문) 광주지방법원 목포지원 2013.10.24 2013고단1320
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On October 17, 2006, the Defendant was issued a summary order of KRW 2,50,000 for a fine for violation of the Road Traffic Act (hereinafter referred to as the “FF”) with a summary order of KRW 2,500,000 for a violation of the Road Traffic Act, on January 26, 2010 by the same court, and on January 2, 2013 by the same court, each of the summary orders of KRW 5,00,000 for the same crime was issued by the same court. On July 12, 2013, the Defendant driven a portion of KRW 2,50,000 for a fine of KRW 5,00 for the same crime. On July 12, 2013, the Defendant was under the influence of alcohol without a driver’s license at KRW 0.177% for a blood alcohol concentration of KRW 0.177% for a vehicle in the same Dong-dong residential complex without a trade name in front of the three-dong apartment complex.

Summary of Evidence

1. Defendant's legal statement;

1. Descriptions of a report on detection of a host driver;

1. Entry into the register of driver's licenses on the accused;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes in relation to criminal records and investigation reports (Attachment of the same summary order);

1. Article applicable to criminal facts;

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

(b) Point of driving without obtaining a license: Article 154 subparagraph 2 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. Mitigation of discretionary discretions under Articles 53 and 55 (1) 3 of the Criminal Act (including the point of driving a motorcycle and the point that the distance of driving the motorcycle cannot be deemed to run, etc.);

1. Article 62 (1) of the Criminal Act (including the fact that he/she has no criminal record of imprisonment or any 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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