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(영문) 광주지방법원 2015.05.21 2015고단705

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by imprisonment with prison labor for ten 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;

Reasons

Punishment of the crime

[criminal power] On May 13, 2011, the Defendant was sentenced to a fine of 3.5 million won for a violation of the Road Traffic Act (driving) at the Gwangju District Court. On April 12, 2012, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On March 6, 2015, at around 14:40, the Defendant driven a CF car under the influence of alcohol content of 0.062% from a section of approximately 3km to a 0.062% of blood alcohol content in front of the restaurant of the Yayang-gun, Yayang-gun, Yayang-gun, Yayang-gun, Pasan-gun, Dyannam-gun, Dynam-gun, and the same military

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous convictions: Application of Acts and subordinate statutes, such as criminal records and copies of written judgments;

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. The punishment as ordered shall be determined in consideration of the fact that there is a history of the suspension of the execution of imprisonment, including the suspension of the execution of imprisonment for the same kind of crime for the punishment of Article 62-2 of the Criminal Act, and the blood alcohol concentration, etc.;