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(영문) 광주지방법원 해남지원 2013.05.22 2013고단78

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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 August 1, 2006, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Incheon District Court on August 1, 2006, and on February 19, 2008, the same court was sentenced to a fine of four million won for a violation of the Road Traffic Act (driving). On March 18, 2010, the Defendant was sentenced to a suspended sentence of eight months for a violation of the Road Traffic Act (driving without a license) by the same court.

At around 21:00 on March 3, 2013, the Defendant driven a B-wing and Ⅲ vehicle while under the influence of alcohol concentration of 0.091% in two meters in front of the flag road in front of the flag of the flag of the flag in the east-gu of the eastnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous records of judgment: Application of criminal records, reply reports, investigation reports (Attachment of the same type of crime records) and statutes;

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. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2006);

1. Article 62 (1) of the Criminal Act (In addition to the grounds for discretionary mitigation, various circumstances, such as the age, character and conduct, home environment, and circumstances after committing the crime, etc. recorded in the records of this case);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;