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(영문) 광주지방법원 2013.06.28 2013고단1850
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

The defendant, at the Gwangju District Court on April 1, 2008, has a record of being sentenced to a summary order of 1.5 million won for a fine for a violation of the Road Traffic Act, at the same court on March 27, 2009, a summary order of 1.5 million won for a violation of the Road Traffic Act, and at the same court on December 3, 2010 for a violation of the Road Traffic Act.

At around 01:20 on April 18, 2013, the Defendant driven a BM7 car from the old hotel located in the Young-gu Seoul Northern-dong to the front road in the same Dong-dong while under the influence of alcohol content of 0.087%.

As a result, the Defendant, who violated the prohibition clause under the influence of alcohol not less than twice, was driving under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of the same summary order) and a copy of each summary order;

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

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;

1. It is so decided as per Disposition for the reasons above, such as the record of the same punishment for sentencing under Article 62-2 of the Criminal Act, the numerical value of drinking of this case, and the violation of the order.

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