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(영문) 광주지방법원 2013.04.23 2013고단772
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 February 3, 2013, the Defendant driven a B car under the influence of alcohol level of 0.153% at around 16:20, while under the influence of alcohol, and operated a section of approximately 500 meters to the front of the sulfur rate on the road in front of the Yanyang-gun, Suyangyang-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on circumstantial statements of a host driver and the report on detection of a host driver;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. is that the defendant driven a motor vehicle in the state of blood alcohol concentration of 0.153%; the defendant committed the crime of the same kind of crime as the crime of the crime of the case and repeated the crime of the case in this case even though he had been punished twice a fine, once a suspended execution, once a sentence, and once a sentence for the same crime of the same kind of crime of the crime of the case; however, the defendant's minor mistake is divided and reflected; the defendant's last eight years have passed since he was punished for the crime of drunk driving; the defendant's last eight years has passed since he was punished for the crime of drunk driving; the defendant's wife who is the disabled of Grade III and his children must support the defendant; the motive, means and result of the crime of the crime of this case; the defendant's age, character and behavior, family environment of the defendant; the defendant's execution of the sentence should be suspended as a whole.

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