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(영문) 광주지방법원 2014.08.12 2014고단2042
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 April 24, 2009, the Defendant issued a summary order of KRW 1.5 million at the Gwangju District Court for a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act, and on March 30, 201, for a fine of KRW 4 million at the Gwangju District Court for a crime of violation of the Road Traffic Act.

On May 20, 2014, while under the influence of alcohol of 0.143%, the Defendant driven B Craler car at a section of about 8 km to the front road of the Mine-gu, 271 open hospital, Seo-gu, Seo-gu, Seo-gu, Gwangju, in the influence of alcohol level of 0.14%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes to inquiries, such as criminal records, and investigation reports (Evidence List Nos. 14);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment with prison labor;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (Consideration of the fact that the defendant reflects the crime in depth);

1. Article 62 (1) of the Criminal Act;

1. Although the reason for sentencing under Article 62-2 of the Criminal Act has served three times or more as a result of drinking driving, the Defendant committed the instant crime is bad, but the Defendant is in profoundly against his own criminal act, the Defendant has no criminal record exceeding the fine, and the degree of drinking, etc., the sentence against the Defendant shall be determined as ordered by the order of the Defendant.

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