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(영문) 광주지방법원 2015.05.14 2015고단172
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 August 6, 2007, the defendant was notified of a summary order of one million won for the crime of violation of the Road Traffic Act by the Gwangju District Court. On May 16, 2008, the same court was notified of a summary order of three million won for the same crime. On November 22, 2012, the defendant was sentenced to a suspended sentence of eight months for the same crime.

On January 19, 2015, at around 22:57, the Defendant driven a CF car under the influence of alcohol with approximately 200 meters alcohol concentration of about 0.165% from the section of approximately 200 meters, from the roads near the Blackdong in Gwangju Mine to the BF car in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, etc., inquiry inquiry reports, judgment, and application of Acts and subordinate statutes of a summary order;

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. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service, and order to attend a lecture, in light of the fact that the defendant was punished several times for the same kind of crime, and the defendant again commits the crime of this case, there is a need to punish him/her as imprisonment. However, in light of the fact that the defendant is in profoundly against his/her mistake, the defendant's age, character and behavior, environment, circumstances surrounding the crime, and circumstances after the crime, etc

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