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(영문) 광주지방법원 2014.08.28 2014고단2235

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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 March 12, 2010, the Defendant was sentenced to a fine of 2 million won for a violation of the Road Traffic Act (driving) at the Gwangju District Court on March 12, 2010, and a fine of 2.5 million won at the same court on July 2, 2010, respectively, and violated Article 44(1) of the Road Traffic Act more than twice.

On May 21, 2014, at around 1:00, the Defendant driven B Scurgic car with approximately 3.3km in the section of approximately 0.138% alcohol concentration at around 0.138% under the influence of alcohol on the roads in front of the “Scurg 1” restaurant located in the same Sinsan-dong, Sin-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Division: Application of Acts and subordinate statutes to criminal records, reference reports, investigation reports, and criminal records, etc.;

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;