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(영문) 광주지방법원 2013.10.17 2013고단4535

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 18, 2013, the Defendant driven B Ravia car from approximately 8km section from the 3rd road of Gwangju Mine-gu to the Yongsan ICT road located in the same city north-gu from the 3rd road of Hannam-gu to the same city, while under the influence of alcohol concentration of 0.097% of blood alcohol level around 22:03.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statute to written reports on the statement of the status of a drinking driver, and the details of enforcement;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to provide community service and order to attend a lecture is that the defendant has already been sentenced to a suspended sentence by causing a traffic accident due to drinking driving and again commits this crime, there is a need to punish the defendant. However, in addition, other than the above crime, there is no past record of having been sentenced to imprisonment with prison labor, and there is also circumstances to consider the fact that the defendant has been sentenced to a fine due to drinking driving on one occasion,

In full view of the above conditions on both sides and the fact that the defendant is against the defendant, the punishment shall be determined as per Disposition.