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(영문) 광주지방법원 순천지원 2013.05.22 2013고단164
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 June 4, 2007, the Defendant was sentenced to a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act, etc. in the Gwangju District Court's net support on June 4, 2007. On January 23, 2009, the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act by the Gwangju District Court.

Criminal facts

On December 10, 2012, at around 20:10, the Defendant driven C Ⅱ truck under the influence of alcohol content of about 500 meters from the front of a restaurant in the Bongyang-si, Gwangju-si to the front of the Gyang-dong Oil Station at approximately 0.088% of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the state of drinking drivers, and making the results of the control of drinking driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (attached to written judgments and confirmation of the date of release);

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 (the degree of discretionary mitigation, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

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

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