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(영문) 광주지방법원 순천지원 2014.10.24 2014고단1461
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

[criminal power] On October 13, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the Gwangju District Court's net support on October 13, 2009, and a summary order of KRW 2 million for the same crime in the same court on September 11, 2013, respectively.

【Criminal Facts】

On August 13, 2014, at around 21:59, the Defendant driven C K3 cars with approximately 500 meters alcohol concentration at approximately 0.185% while under the influence of alcohol on the passenger gear, which is located in the same city/Dong-dong 3-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. The actual condition survey report;

1. On-site photographs;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous for judgment: Criminal history records, etc., an inquiry report, an investigation report (a copy of a summary order issued on the same attached power), and the application of two copies of summary order Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the crime of this case even though he had a record of punishment for the same kind of drinking driving on several occasions, and the nature of the crime is heavy.

However, the execution of imprisonment shall be suspended only once in consideration of the fact that the defendant reflects the crime of this case and again is expected not to drive under the influence of alcohol.

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