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(영문) 광주지방법원 2014.02.07 2013고단5489
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

On January 15, 2010, the Defendant was sentenced to a fine of KRW 1.5 million by the Gwangju District Court for the crime of violation of the Road Traffic Act, and a fine of KRW 2 million by the same court on March 22, 2012.

On November 17, 2013, at around 23:28, the Defendant driven a car with approximately KRW 1 km B string of 2013, while under the influence of alcohol with 0.151% of alcohol concentration. The Defendant driven a car with approximately KRW 1km B string-dong road of the same Gu on the front side of the Gri-gu Samwon apartment in Gwangjubuk-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (Attachment to summary orders related to running sound driving);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. The decision of suspension of execution is rendered under the condition of the order to attend a lecture, taking into account the following: (a) the defendant's reason for sentencing under Article 62-2 of the Criminal Act requires a strict punishment in order to raise awareness about the same kind of crime in which the defendant's recent years has been pending; (b) the defendant would not repeat again in his or her mistake; (c) the defendant's previous conviction was a fine for the same kind of drinking driving; and (d) the defendant has no other criminal record other than the above previous conviction four times, including the previous conviction for the same kind of drinking driving; and (d) in determining the specific punishment, it is so decided as per Disposition

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