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광주지방법원 2014.08.22 2014고단2683
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaging in driving a ready-light vehicle C.

On December 28, 2011, the Defendant received a summary order of KRW 1.5 million from the Gwangju District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on April 9, 2014 to a fine of KRW 1.5 million from the Gwangju District Court to a violation of the Road Traffic Act.

On July 11, 2014, the Defendant was under the influence of 0.098% of blood alcohol concentration at around 22:55 on July 11, 2014, and operated approximately KRW 800 meters from the front day of Sejong-gu, Seo-gu, Seo-gu, Seoul to the front day of the regular curriculum in the Seo-gu, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous for judgment: Application of Acts and subordinate statutes to inquiries, such as criminal records, and investigation reports (the confirmation of a person who falls under the case of three-time driving and a copy of summary order);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., that the defendant does not repeat the same crime again, and that the defendant does not have been sentenced to imprisonment

1. Probation under Article 62-2 of the Criminal Act;