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(영문) 광주지방법원 2015.10.15 2015고단2697

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 September 11, 2006, the Defendant received a summary order of KRW 700,000 from the Gwangju District Court to a fine of KRW 100,000 as a crime of violation of the Road Traffic Act. On May 31, 201, the Defendant was sentenced to a fine of KRW 2,50,000 by the Gwangju District Court for a crime of violation of the Road Traffic Act.

On June 3, 2015, at around 16:45, the Defendant driven Cpoter cargo at around 150 meters away from the 150-meter section to the restaurant in front of the restaurant where it is impossible to identify the trade name located in the non-child-child-free market of the Gwangju Mine-gu to the restaurant in front of the restaurant.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (a confirmation of drinking driving power 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. The suspended sentence under Article 62(1) of the Criminal Act takes full account of all the conditions of sentencing as shown in the pleadings of the instant case, such as the Defendant’s drinking records (the period of punishment twice as a sound driving), driving distance, blood alcohol concentration, and other age, character and conduct, environment, health conditions, circumstances after the commission of the crime, and circumstances after the commission of the crime, etc.