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(영문) 광주지방법원 순천지원 2013.10.23 2013고단1258
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for 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

Punishment of the crime

On December 27, 2010, the defendant received a fine of KRW 4 million for the violation of the Road Traffic Act from the Gwangju District Court's net order support on December 27, 2010, three different criminal records.

On May 12, 2013, at around 20:46, the Defendant driven B Poter truck under the influence of alcohol concentration of about 0.172% without obtaining a driver's license from the front road of the camping apartment in the same 20:50 on the same day, from the front road of the Ganyang-si, which is located in the Ganyang-si, Gwangju Metropolitan City, to the front road of the 10:50 on the same day, while under the influence of alcohol concentration of about 1.2km.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Investigation report (report on confirmation of the distance and time for driving without a license);

1. Registers of driver's licenses;

1. Previous conviction in judgment: Application of Acts and subordinate statutes concerning criminal records;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

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

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