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(영문) 광주지방법원 2013.06.14 2013고단1524

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 November 23, 2007, the Defendant received a summary order of KRW 1 million from the Gwangju District Court to a fine of KRW 1 million for a violation of the Road Traffic Act, and on December 15, 201, the Defendant received a summary order of KRW 1.5 million from the Suwon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act. As such, the Defendant violated Article 44(1) of the Road Traffic Act on at least two occasions.

At around 02:10 on April 07, 2013, the Defendant, as a driver of CK7 car, driven the said vehicle on the road under the influence of alcohol content of about 100 meters from the desired hospital located in the North-dong of Gwangju, Gwangju to the front road located in the same Gu Yangsan-dong.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous records: The application of criminal records, inquiry and other 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 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the defendant repents and reflects the wrongs, and the fact that there is no other previous conviction except for the same kind of fine as the ruling and two times);

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

1. It is decided as per the Disposition on the grounds of Article 62-2 (1) of the Criminal Act or more;