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(영문) 광주지방법원 2015.01.22 2014고단4583
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 January 21, 201, the Defendant was issued a summary order of one million won by a fine for a violation of the Road Traffic Act at the Gwangju District Court on January 21, 201, and on November 29, 2012, the Defendant was sentenced to a fine of four million won by the same court.

On October 11, 2014, at around 22:36, the Defendant driven a B Sitter vehicle owned by his father in the state of alcohol 0.094% of alcohol content on the knife knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial report of a host driver (A);

1. Previous records: Application of criminal records, etc. and other 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation Act, and Article 62-2 of the Act on Probation, etc., are as shown in the previous conviction in the judgment of the defendant, in light of the fact that the defendant was punished twice due to drinking driving at around 2011 and 2012, without being well aware of the fact that the defendant was engaged in drinking driving at the time of the above punishment, and that the defendant was engaged in drinking driving at the time of the above punishment in the state of drinking alcohol concentration of 0.094% in the state of drinking alcohol level.

However, it is difficult to see that the defendant's mistake is divided and reflects that he will not repeat the same crime again, that it is difficult to see that the level of the criminal defendant's drinking driving of this case is high, that the criminal defendant is receiving medical treatment due to diseases such as massage, etc. such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc.

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