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(영문) 광주지방법원 순천지원 2014.11.28 2014고단1749
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 September 1, 2006, the Defendant was issued a summary order of a fine of 4.5 million won by committing a violation of the Road Traffic Act at the Suwon District Court on September 1, 2006, and on April 3, 2009, sentenced to a suspended sentence of 2 years by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the net support of the Gwangju District Court.

Nevertheless, at around 23:28 on October 4, 2014, the Defendant driven a bppon vehicle under the influence of alcohol content of approximately 0.137% from the 1km section from the 1km to the new third-party road located in the Yacheon-si, Yacheon-si, Yacheon-si, Yacheon-si, Yacheon-si, Yacheon-si, Yacheon-si, Yacheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;

1. A driver's license inquiry;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal records);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;

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