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(영문) 광주지방법원 2013.09.27 2013고단3559
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 March 3, 2008, the Defendant was sentenced to a fine of KRW 500,00 as a crime of violation of the Road Traffic Act at the Gwangju District Court on March 3, 2008, and a fine of KRW 1,50,000 as a same crime at the same court on February 15, 201.

The defendant is a person driving B car volume.

On 22:50 on 27:20 on 2013, the Defendant driven a 100-meter margin from blood alcohol concentration of 0.086% on the condition that the Defendant was prohibited from driving a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the stay of execution (Taking into account that there is no enemy who has been sentenced to imprisonment or more severe punishment for the same crime);

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

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