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(영문) 광주지방법원 2014.02.18 2013고단6101

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than eight 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

The Defendant is a person who is engaged in driving of the freight trucking from B Poter II.

On May 29, 2009, the Defendant was sentenced to a fine of 6 million won due to a violation of the Road Traffic Act (driving) at the credit support for Sugwon Dob, etc. on May 29, 2009, and on February 9, 2011, the above court was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (driving).

On December 6, 2013, the Defendant was under the influence of alcohol of 0.130% of blood alcohol concentration at around 01:20, the Defendant driven the said cargo at approximately 4 km from the front of the call forum bus west-dong, Gwangju Mine-gu, to the front road of the luminous distance located in the Seo-gu, Seo-gu, Gwangju.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;