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(영문) 광주지방법원 2013.10.23 2013고단3197

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 June 25, 2007, the Defendant received a summary order of a fine of one million won as a crime of violation of the Road Traffic Act from the Gwangju District Court, and on December 24, 2010, received a summary order of a fine of 1.5 million won as a crime of violation of the Road Traffic Act from the Gwangju District Court on December 24, 201, and has violated Article 44(1) of the Road Traffic Act not less than twice.

On July 5, 2013, at around 15:00, the Defendant driven C Ecoo motor vehicle while under the influence of alcohol content of about 0.105 percent from approximately 5 kilometers from the roads in front of a mutually influent cafeteria cafeteria in the Southern-gu Gwangju-gu, Gwangju-gu, to the front road at approximately 15:20 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. An investigation report (in cases of calculating the estimated value of alcohol concentration claimed by a suspect);

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes of an investigation report;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Discretionary mitigation of punishment (see Articles 53 and 55(1)3 of the Criminal Act)

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act)

1. Probation under Article 62-2 of the Criminal Act;