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(영문) 광주지방법원 2015.11.19 2015고단3983

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On May 30, 2011, the Defendant was sentenced to a fine of KRW 4 million by the Gwangju District Court due to a violation of the Road Traffic Act (driving) and a fine of KRW 2 million by the Gwangju District Court on February 16, 2012.

On October 4, 2015, at around 22:34, the Defendant driven B car under the influence of alcohol with approximately 20 meters alcohol concentration of about 0.146% from the front day of a drinking house where the name in the Seo-gu Standing District of Gwangju cannot be known to the front day of a drinking house to the roads of CGV located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

1. Previous records: Application of inquiry reports and investigation reports (former previous records and confirmations, etc.) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The suspended sentence under Article 62(1) of the Criminal Act takes full account of all kinds of sentencing conditions shown in the arguments in the instant case, including the Defendant’s records of the punishment for drunk driving (as shown in the first head as indicated in the judgment of his driving in a sound driving), driving distance, blood alcohol concentration, and other criminal defendant’s age, character, conduct, environment, health conditions, circumstances after the commission of the crime, and circumstances after the commission of the crime, etc.