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(영문) 광주지방법원 2014.02.11 2013고단5859

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 February 5, 2007, the defendant was sentenced to a fine of two million won for the crime of violation of the Road Traffic Act at the Gwangju District Court on February 5, 2007, and a fine of three million won by the same court on February 16, 2009.

On November 16, 2013, at around 01:30, the Defendant driven a B-ro car under the influence of alcohol content of about 0.173% at the same 10m section to the road at the entrance of the same lot parking lot in Seo-gu, Seo-gu, Gwangju, from around 01:35 the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes described in each of the reports on host drivers, criminal history records, investigation reports, and investigation reports (previous and verification);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The decision of imprisonment shall be made on the condition that a certain order to attend a lecture is made under the condition that the defendant will not repeat the same crime, taking into account the fact that the defendant has committed again the crime of this case even though he had a previous conviction of the same kind, and that he would not repeat the same crime when he reflects the order to attend a lecture.