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(영문) 광주지방법원 2013.05.16 2013고단1497

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:00 on March 26, 2013, the Defendant driven a BM3 car from the day before the studio in the mutual influence in the two villages of Gwangju, Seo-gu to the front road, Seo-gu Malaam in Gwangju, Seo-gu, Gwangju, with the alcohol concentration of 0.248%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of the statutes on response to requests for appraisal;

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

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant again commits the instant crime even though he/she had a record of having been punished by a fine of two million won for the same kind of crime on January 21, 2011; (b) the blood alcohol concentration of the instant case; and (c) the fact that he/she is likely to not repeat the instant crime, etc., a punishment as ordered shall be determined