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(영문) 광주지방법원 순천지원 2014.07.23 2014고단750
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 October 14, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act in the Gwangju District Court’s Netcheon Branch on October 14, 2009, and a fine of KRW 2.5 million for the same crime in the same court on May 24, 2010.

On May 4, 2014, at around 17:47, the Defendant driven a D car while under the influence of alcohol content of about 0.157% from the 5km section from the Goi-gun's Goi-gun's Goi-gun's Goi-gun's Doam to the Guamri-si's Guamri-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actions taken against the driver, and report on the status of the driver's practice;

1. Previous conviction in judgment: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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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