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(영문) 광주지방법원 2015.07.02 2015고단1178

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 June 11, 2007, the Defendant received a summary order of KRW 1.5 million from the Gwangju District Court to a fine of KRW 1.5 million, and on November 9, 2012 to a fine of KRW 1.5 million from the Gwangju District Court to a crime of violation of the Road Traffic Act.

On April 12, 2015, at around 23:43, the Defendant driven a BM3-car under the influence of alcohol content of approximately 2 km from the 2km section from the front of the restaurant where it is impossible to know the trade name in Naju-si, Naju-si to the front day of the gold-type landing point located in the same city.

As a result, the defendant, who had driven a motor vehicle twice or more, driven a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (verification of records of drinking driving not less than twice);

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. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act shall be determined as ordered by comprehensively taking into account all the sentencing conditions shown in the arguments of this case, including the defendant's age, character and conduct, environment, health conditions, and circumstances after the crime, etc., such as the defendant's drinking records (the person who has been punished twice due to sound driving, the person who has no record of punishment or heavier than a fine), driving distance, blood alcohol level, and other criminal records.