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(영문) 광주지방법원 2015.10.22 2015고단3467

도로교통법위반(음주운전)

Text

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 September 6, 2007, the Defendant was sentenced to imprisonment with prison labor for 6 months and 4 months at the same court on April 22, 2009 due to a violation of the Road Traffic Act.

On July 29, 2015, at around 06:20, the Defendant driven a B car at approximately 1.2 km from the roads near the Gdong Hospital located in the Dongcheon-dong, Gwangju to the 112-dong parking lot located in the same Gu dongdong-dong.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions in judgment: Application of the Acts and subordinate statutes to inquiry reports and investigation reports (attached to a judgment);

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. Probation, community service order, and order to attend education under Article 62-2 of the Criminal Act has been punished five times for drunk driving, among which the defendant's punishment is included, and the defendant's blood alcohol level is high: Provided, That the defendant's previous conviction before drinking is prior to 2009, the defendant's age, character and behavior, environment, health conditions, circumstances of crime, circumstances after committing crime, etc. shall be determined as ordered by taking into account all of the sentencing conditions shown in the arguments of this case, including the defendant's age, character and behavior