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(영문) 광주지방법원 2013.08.16 2013고단2604
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 April 10, 2013, at around 22:17, the Defendant driven C le-car while under the influence of alcohol 0.126% of blood alcohol concentration without obtaining a license to drive approximately 100 meters from a drinking tree in the Seo-gu Standing District of Seo-gu, Seo-gu, Gwangju to the front day of the regular course of business in the same Gu-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes to reports on the statement of the situation of a driver;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), 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;

1. Although the reason for sentencing under Article 62-2 of the Probation Criminal Act has a history of having been sentenced several times to the defendant for the same kind of crime, the fact that the defendant recognized all of the crimes in this case and said that he would not repeat any mistake again, the prosecution's sentence and other circumstances, including the defendant's age, family relationship, and economic situation, shall be taken in preference only once, and the punishment is determined as ordered.

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