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(영문) 광주지방법원 2015.03.26 2015고단30

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment with prison labor for four 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 January 29, 2010, the defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Gwangju District Court on January 29, 2010 and a fine of 4 million won for a violation of the Road Traffic Act (driving) in the same court on July 3, 2012.

On December 31, 2014, at around 23:35, the Defendant driven BNF car from approximately 50 meters away from the front side of the “Ebambi Bai,” located in the Black-dong of Gwangju Mine to the front road of the “Ebambi,” the Defendant was under the influence of alcohol concentration of 0.085%.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect of the police accused;

1. Report on the circumstantial statement of a drinking driver, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking driving;

1. Application of statutes to reply to criminal records, etc.;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

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

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;