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(영문) 광주지방법원 2013.05.22 2013고단1040
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 15, 2010, the Defendant was notified of a summary order of a fine of two million won by committing a violation of the Road Traffic Act in the Gwangju District Court on January 15, 201, and on November 7, 201, the Defendant was notified of a summary order of a fine of two million won by the Gwangju District Court on November 7, 201.

On February 20, 2013, at around 23:38, the Defendant driven C Leto or Cargo Vehicles with a blood alcohol concentration of about 0.105% from the 1km section from the front of a mutually influent restaurant located in the Dobong-dong, Gwangju to the front road of the Yong-dong, Gwangju.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Records before judgment: Criminal records, etc., inquiry reports, investigation reports (Attachment of a copy of a summary order), and application of Acts and subordinate statutes of each summary order;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the condition that the defendant has been sentenced to a fine twice due to a drunk driving, but there is no enemy sentenced to imprisonment or more

1. Probation and community service order under Article 62-2 of the Criminal Act;

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