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(영문) 광주지방법원 2015.09.10 2015고단2014

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

[criminal power] On July 16, 2010, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Ansan Branch of the Suwon District Court, and on January 31, 2012, as a fine of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Yeongdeungpo Branch of the Gwangju District Court.

【Criminal Facts】

On May 24, 2015, at around 22:55, the Defendant driven a B Sti-type car from approximately 3km from the Seo-gu Pungdong to the front road located in the Nam-gu Southern-dong, Seo-gu, Gwangju, in the state of alcohol of 0.122% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in judgment: Application of criminal records and summary order statutes;

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. As stated in the reasoning of sentencing in Article 62-2 of the Criminal Act, the fact that two times of punishment for the same crime, the blood alcohol concentration is high: Provided, That there is no criminal record exceeding a fine, the defendant's age, character and conduct, environment, circumstances of the crime, circumstances after the crime, etc. are considered, and all of the sentencing conditions specified in the arguments in this case shall be determined as ordered, taking into account the punishment conditions.