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(영문) 광주지방법원 2015.11.12 2015고단3705
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

[Criminal Power] On February 8, 2012, the Defendant received a summary order of KRW 1 million from the Gwangju District Court to a fine for a violation of the Road Traffic Act (driving) and KRW 2 million from the Gwangju District Court to a fine for a violation of the Road Traffic Act (driving) on June 30, 2015.

【Criminal Facts】

On June 15, 2015, at around 20:32, the Defendant driven a DNA rocketing car with approximately 2 km alcohol concentration of about 0.142% under the influence of alcohol from around 15, 2015 to around C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a drinking driver and report on the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same attached power);

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;

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

1. As stated in the reasoning of sentencing in Article 62-2 of the Criminal Act, the fact that there is a record of being sentenced to fines twice for the same crime, the blood alcohol concentration is high: Provided, That other than the above two times of fines, there are no criminal records of the same kind other than the above two times of fines, and the defendant's age, character and conduct, environment, circumstances of the crime, circumstances after the crime, etc., shall be determined by taking into account all the sentencing conditions shown in the pleadings

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