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(영문) 광주지방법원 2015.12.22 2015고단4539

도로교통법위반(음주운전)

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On January 7, 2008, the Defendant received a summary order of KRW 500,000 from the Gwangju District Court to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act, and a summary order of KRW 1 million as a fine in the same court on September 5, 2013, respectively.

On November 9, 2015, at around 00:26, the Defendant driven a BM740-car under the influence of alcohol level 0.126% from the 3km section from the front of a restaurant where the trade name in the Suwon Mine-gu is unknown to the front day of the ck-dong, Nam-gu, Nam-gu, Gwangju, to the front day of the cknife Station.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records: Application of Acts and subordinate statutes on criminal records, inquiry reports and copies of each summary order;

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. The grounds for suspended sentence under Article 62(1) of the Criminal Act include the defendant's records of the punishment for drunk driving (the period of punishment for drunk driving is not less than twice as stated in the previous record on the market) and driving distance, driving distance, blood alcohol concentration, and other kinds of sentencing conditions specified in the arguments in the instant case, including the defendant's age, character and conduct, environment, health conditions, circumstances after the crime, etc., and the circumstances after the crime.