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(영문) 광주지방법원 순천지원 2013.04.12 2013고단162
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 23, 2004, the defendant was issued a summary order of 2.5 million won for a fine for a violation of the Road Traffic Act, a summary order of 2 million won for the same crime in the same court on August 23, 2007, and a summary order of 3 million won for the same crime in the same court on March 27, 2009, respectively.

Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice, at around January 24, 2013, the Defendant driven a C rocketing car under the influence of alcohol content of about 0.14% in a section of about 300 meters from the front of the Yan apartment located in the Dobongdong-gu, Jeonnam-gu, Seoul to the front day of the restaurant located in the same Ri from January 24, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records: Application of three copies of inquiry reports, investigation reports (former records and confirmation reports), summary orders, such as criminal records, etc.;

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. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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