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(영문) 광주지방법원 순천지원 2014.08.19 2014고단639
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 of the final judgment.

Reasons

Punishment of the crime

On November 22, 2010, the defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) in the Gwangju District Court's net support on November 22, 2010, and a fine of 4.5 million won for a violation of the Road Traffic Act (driving) in the same court on April 9, 2014.

Nevertheless, on April 11, 2014, at around 00:55, the Defendant driven a boom vehicle with blood alcohol content of approximately 0.086% from the 3km section of approximately 3km from the front of the smuggling-ray store located in the Ycheon-dong of Sicheon-do to the front of the net Docheon-dong of Sicheon-dong.

Accordingly, the defendant driving a motor vehicle under the influence of alcohol more than twice, while driving the motor vehicle again.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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 (along with the fact that it is being committed, taking into account the fact that it is committed at the time of committing the instant crime);

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

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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