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(영문) 광주지방법원 2015.10.15 2015고단2696
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for four months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On June 22, 2015, the Defendant, while under the influence of alcohol at around 0.168% of blood alcohol level, was driving a vehicle from the front side of the Seo-gu Seo-gu Busan Seo-dong Gamban cafeteria to about 2 km from the front side of the Geumho-ho 3 complex apartment 303 and then to the parking lot of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the survey report on actual conditions, report on detection of a user of alcoholic beverages, and report on the circumstantial statement of a user of alcoholic beverages;

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

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

1. The fact that there is a record of being punished several times for the same crime as the sentencing of Article 62-2 of the Criminal Act, the fact that blood alcohol content is high, but there is no record of punishment since 2009, and the defendant's age, character and conduct, environment, circumstances of the crime, circumstances after the crime, etc. are considered and all of the sentencing conditions stated in the arguments of this case shall be determined as ordered.

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