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(영문) 광주지방법원 해남지원 2014.09.03 2014고단167

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

[criminal power] On January 7, 2008, the defendant was sentenced to a fine of 700,000 won as a crime of violation of the Road Traffic Act in the Gwangju District Court's support for the promotion of the head of Gwangju District Court, and on June 8, 2009, sentenced to a suspended sentence of 2 months for a period of 4 months as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On May 29, 2014, at around 20:25, the Defendant driven B rocketing vehicles under the influence of alcohol content of about 0.080% in a section of about 5km from the road front of the Mutual Influence Center located in the Jeonsung-gun, Jeonsung-gun to the front day of the same Yansanwon of the same military Bosung-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Previous records of judgment: Criminal records, etc. inquiry report, one copy of summary order, and one copy of judgment shall apply to the application of 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. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2006);

1. Article 62 (1) of the Criminal Act (In addition to the grounds for discretionary mitigation, various circumstances, such as the defendant's age, character and conduct, home environment, and circumstances after committing the crime, indicated in the records of this case);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;