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(영문) 광주지방법원 2013.08.19 2013고단3467
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 September 11, 2007, the defendant was sentenced to a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act at the Gwangju District Court on September 11, 2007, and on September 11, 2009, received a summary order of 2 million won by a fine at the Gwangju District Court on September 11, 2009, and has violated Article 44(1) of the Road Traffic Act not less than twice.

On July 19, 2013, at around 01:28, the Defendant driven a b-wing truck with blood alcohol concentration of approximately 0.213 percent from the front road of Gwangju Metropolitan City, Seo-gu, Gwangju Metropolitan City, to the front road of the Standing Han River, located in the same Gu-dong, from around 2 kilometers to the front road of the Standing Han River, which is located in the same Gu-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes such as reports on detection of, and reports on, violations of the Road Traffic Act, reports on the state of the driver's license, and reports on criminal records, etc.;

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act and Article 148-2 (1) 1 of the option of criminal facts;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture has repeatedly committed three times in a short period of time, the defendant's act of drinking alcohol of this case, the amount of fine before and after the previous vessel, the defendant's act of not repeating the same crime, and other various sentencing conditions, shall be determined as ordered under the Order to attend a lecture, taking into account the following factors:

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