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(영문) 광주지방법원 해남지원 2013.11.13 2013고단245
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 December 11, 2002, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act for the purpose of the violation of the Road Traffic Act at the Gwangju District Court's Maritime Branch on December 11, 2002, and a fine of 2.5 million won for a violation of the Road Traffic Act at the Gwangju District Court on May 22, 2009.

On September 8, 2013, at around 15:20, the Defendant driven C1 ton of cargo vehicles while under the influence of alcohol with approximately 5km alcohol concentration of about 0.257% in the 5km section from Nauri-ri to the roads in front of the Maternae of the Sinnam-do in the same Gun.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous convictions indicated in judgment: Application of inquiry reports on criminal records, etc. and investigation reports (reports on criminal records of the same kind and attachment);

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. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2006);

1. Article 62 (1) of the Criminal Act (In addition to the grounds for discretionary mitigation, various circumstances, such as the age, character and conduct, home environment, and circumstances after committing the crime, etc. recorded in the records of this case);

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;

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