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(영문) 광주지방법원 순천지원 2015.05.13 2015고단297

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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 July 26, 2006, the defendant was notified of a summary order of a fine of 700,000 won for a violation of the Road Traffic Act in the Gwangju District Court's net support on July 26, 2006, and on February 26, 2009, the defendant was notified of a summary order of a fine of one million won for a violation of the Road Traffic Act in the same court.

On February 14, 2015, around 22:05, the Defendant driven a motor vehicle with approximately KRW 50 meters in a emulious state of alcohol content of approximately 0.156%, while under the influence of alcohol, from the front side of the emuli-dong Mine Low-Age Apartment to the 5nd side of the emuli-dong Gwangju High-Age Mayang-dong Mayang-dong, Gyangyang-si to the 5nd side of the emuli-dong

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of suspects in violation of the methods of driving under the influence of alcohol, reporting on the circumstantial statement of a drinking driver, inquiry of the results of crackdown on drinking, and notification of the results of crackdown on drinking under the influence of alcohol;

1. Previous records of judgment: Application of Acts and subordinate statutes attached to two copies of criminal records, investigation reports, and summary orders;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

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

1. Taking into account the following circumstances: The fact that there is no criminal record of a stay of normal execution or higher than that of blood alcohol which is unfavorable to the reason for sentencing under Article 62-2 of the Criminal Act; and all other sentencing conditions indicated in the records, including the Defendant’s age, character, conduct and environment