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(영문) 광주지방법원 2015.09.24 2015고단3003
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On May 7, 2010, the Defendant was sentenced to a fine of two million won by the Gwangju District Court for the crime of violation of the Road Traffic Act ( sound driving), and a fine of two million won by the same court on January 21, 201.

On July 24, 2015, at around 00:39, the Defendant driven B-car car at approximately 1km from the front of the Madukdong Hospital in Seoul Special Metropolitan City to the front of the second apartment guard room in the Eup located in the same Eup, the Defendant was under the influence of alcohol of 0.170% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Application of criminal history records, inquiry reports (suspects' previous records and confirmation 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The sentencing period of Article 62-2 of the Social Service Order Criminal Act is the defendant's drinking records (the period of punishment of 2001, 2008, 2008, and 3 times for drinking driving in 2010, with no record of fine or heavier punishment), driving distance, blood alcohol density, and other defendant's age, character and conduct, environment, health conditions, details of the crime, and circumstances after the crime, and all of the sentencing conditions specified in the arguments of this case shall be determined as the disposition.

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