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(영문) 광주지방법원 2013.11.05 2013고단3770
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 March 3, 2008, the defendant was sentenced to a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act at the Gwangju District Court on March 3, 2008, and on December 24, 2010, received a summary order of 4 million won by a fine at the Gwangju District Court on December 24, 201 and violated Article 44(1) of the Road Traffic Act not less than twice.

On February 23, 2013, at around 23:28, the Defendant driven B le-car under the influence of alcohol content of approximately 0.206% from a road near the Mancheon Elementary School located in Seo-gu, Seo-gu, Gwangju Metropolitan City to the regular road in front of the ordinary school located in the same Gu-dong around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 is that the defendant has a record of being punished by a fine twice due to drunk driving. The fact that the blood alcohol concentration of this case is very high is disadvantageous, but it is advantageous to the fact that the defendant would not repeat the motor vehicle of this case while scrapping the motor vehicle of this case. Thus, the punishment as ordered shall be determined by taking into account such overall circumstances into consideration.

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