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(영문) 광주지방법원 2014.06.17 2013고단5609

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months and by a fine of five thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On July 21, 2010, the Defendant was punished two times or more due to drinking driving by receiving a summary order of KRW 1,500,000 for a fine for violation of the Road Traffic Act from the Gwangju District Court's Branch on July 21, 201, and by receiving a summary order of KRW 4 million for the same crime in the same court on November 20, 2012.

[2013 Highest 5609] On November 11, 2013, the Defendant driven a motor vehicle by converting it into approximately four km section from the land below the 0.148% of blood alcohol content into the 00:25% under the influence of alcohol content.

[2014 Highly 753] On November 10, 2013, the Defendant driven a car with approximately 1 km from the mutual influence 0.124% of alcohol concentration in the blood alcohol concentration on November 10, 2013 to the roads prior to the public announcement of the gold wave of the Gwangju Northern-dong.

Summary of Evidence

[2013 Highest 5609]

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Report on the results of the crackdown on drinking driving and on the circumstantial statements of drinking drivers;

1. An investigation report (Temporary Confirmation of Sound Control)

1. Defendant's legal statement;

1. The circumstantial statement, control statement, and control note (the previous record on the market);

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (the latest same criminal records);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Selection of punishment;

(a) A crime of violation of the Road Traffic Act referred to in Article 2013 shortest 5609: Selection of imprisonment;

(b) A crime of violating the Road Traffic Act of 2014 fixed753: Selection of a fine;

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order shall be the drinking run for the last five years.