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(영문) 광주지방법원 순천지원 2015.04.03 2014고단2090
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 September 15, 2010, the Defendant was sentenced to a fine of one million won for the crime of violating the Road Traffic Act in the Gwangju District Court’s net order support on September 15, 2010, and a fine of two million won for the same crime in the above court on March 29, 2013.

On November 21, 2014, at around 23:46, the Defendant driven C C C in the state of alcohol alcohol concentration of about 500 meters from the front of the Gancheon-si Municipal Ordinance-dong to the long-distance road at the entrance of the city apartment located in the same Dong from around 500 meters to the long-distance road.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of a violation of the Road Traffic Act, reporting on the status of a drinking driver, and inquiry into the results of the regulation of a drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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 mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., that the defendant reflects his/her mistake and that he/she has no criminal record of not less than postponement of execution);

1. Article 62 (1) of the Criminal Act (the same shall apply to reasons for discretionary mitigation);

1. The fact that the course of study and the community service order did not have a criminal record of or more than a fine for the reason of sentencing under Article 62-2 of the Criminal Act, and that they reflect their mistakes is favorable to

However, the fact that the blood alcohol content of the instant crime was high is disadvantageous to the Defendant.

The punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the records, such as the age, character, conduct and environment of the accused.

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