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(영문) 광주지방법원 2014.08.29 2014고단1913
도로교통법위반(음주운전)
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On January 19, 2007, the Defendant was sentenced to a suspended sentence of 4 months for the crimes of violation of the Road Traffic Act at the Gwangju District Court, and on November 9, 2007, the Defendant was sentenced to a suspended sentence of 2 meters for the crimes of violation of the Road Traffic Act on two or more occasions by having been sentenced to imprisonment with prison labor for the same crimes, etc. at the same court on November 9, 2007. On May 7, 2014, the Defendant driving a BSS5 vehicle under the influence of alcohol concentration of 0.051% under the influence of alcohol concentration from the forwardway of peace in the Dong-dong, Gwangju-gu, Gwangju to the Song-gu, Gwangju-gu, to the ambamblat in the south-gu, Gwangju-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the result of crackdown on drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes entered in criminal records;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,

1. Article 62 (1) of the Criminal Act (including the fact that the blood alcohol concentration is not high);

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