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(영문) 광주지방법원 목포지원 2013.09.26 2013고단1067

도로교통법위반(음주운전)

Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On February 15, 2011, the Defendant is a person who had been sentenced to a fine of 1.5 million won in the same court on May 2, 2008 for the same offense, etc. at the Gwangju District Court for the following reasons: (a) two years of suspension of the execution of imprisonment for a violation of the Road Traffic Act; (b) three million won of a fine for the same offense; and (c) three million won of a fine of 1.5 million won of a fine for the same offense in the same court.

At around 21:40 on June 23, 2013, the Defendant driven BM5 car under the influence of alcohol with approximately 3 km and blood alcohol concentration of about 0.195% from the section of 3 km to the road before the “Antarry warehouse,” located in the Cropo-Eup in Sampo-gu, Sampo-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement in the circumstances of an employee;

1. Statement of investigation report (related to the application of the Tramark);

1. Previous records: Application of the Acts and subordinate statutes that record inquiry reports, such as criminal records;

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. Article 62 (1) of the Criminal Act (i.e., reflective facts of the suspension of execution);

1. It is so decided as per Disposition for the reasons under Article 62-2 of the Criminal Act, Article 59 (1) and (2) of the Probation, etc. Act;