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(영문) 광주지방법원 2015.07.02 2015고단1042
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That 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 November 17, 2008, the Defendant received a summary order of KRW 2 million from the Gwangju District Court as a crime of violation of the Road Traffic Act, and a summary order of KRW 3 million from the Gwangju District Court as a crime of violation of the Road Traffic Act on June 26, 2009, respectively.

On March 25, 2015, at around 23:21, the Defendant driven a Bsch Rexton car in the state of alcohol alcohol concentration of approximately 0.171% from the 3km section to the front road of the happiness rehabilitation center located in the Dong-dong in Gwangju-gu.

As a result, the defendant, who had driven a motor vehicle twice or more, driven a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the circumstantial statements of drinking drivers;

1. Previous convictions: Application of criminal records and copies of summary order Acts and subordinate 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. As stated in the reasoning of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in consideration of the following: (a) there was a history of punishment several times for the same crime; (b) the blood alcohol content was higher than 0.171%: Provided, That there was no previous conviction exceeding the fine; and (c) the crime of this case did not lead to traffic accidents.

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