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(영문) 광주지방법원 순천지원 2014.11.05 2014고단1414

도로교통법위반(음주운전)

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 August 31, 2009, the Defendant received a fine of KRW 1 million for a violation of the Road Traffic Act from the Gwangju District Court’s net support for the method of Gwangju District on December 21, 2009, as well as a fine of KRW 4 million for a violation of the Road Traffic Act.

On June 13, 2014, around 19:13, 2014, the Defendant driven Cchip car in the state of alcohol with approximately 500 meters alcohol concentration of 0.098% from the road in front of the market under the Macheon-dong Pung-dong, Macheon-si, to the Macheon-ro Mancheon-ro, the Hancheon-ro, the Hancheon-ro, the Hancheon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actions taken against the driver, and report on the status of the driver's practice;

1. Previous convictions in judgment: Criminal records, investigation reports (report on confirmation of the same criminal records as a suspect), application of copies of summary order Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 2, 201);

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

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;