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(영문) 광주지방법원 2014.11.13 2014고단3323
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

The defendant has been issued a summary order of KRW 3 million on December 29, 2008 at the Gwangju District Court as a crime of violation of the Road Traffic Act ( sound driving), a fine of KRW 700,000,000,000.

On August 28, 2014, at around 20:25, the Defendant driven a D low-speed car from around 200 meters away from the front day of the married restaurant in the Yyang-gun Yanyang-gun Yanyang-gun Guidelines to the road adjacent to the original luminous childcare center located in the same Eup/Myeon, while under the influence of alcohol of 0.157% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes, such as criminal records;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment with prison labor;

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

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

1. Although the defendant for sentencing under Article 62-2 of the Criminal Act had been punished three times or more due to drunk driving, etc., the crime of this case is unsanitary; however, the defendant has committed the crime of this case in depth; the defendant has no criminal record exceeding a fine; the defendant has no criminal record exceeding a fine; and the driving distance, etc., the sentence against the defendant shall be determined as ordered.

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