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(영문) 광주지방법원 해남지원 2013.10.23 2013고단162
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 November 10, 2006, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act at the Incheon District Court on November 10, 2006, and a person who had a fine of KRW 1,500,000 for a violation of the Road Traffic Act at the Daejeon District Court on September 18, 2012.

Although the Defendant had been punished twice or more for a violation of the Road Traffic Act as above, on June 3, 2013, at around 15:55, the Defendant driven a small-sized cargo vehicle C, while under the influence of alcohol, 0.073% of the blood alcohol concentration of 0.073% from the street in front of the Songcheon-gu, Mancheon-gu, Namnam-gun, Namnam-do to the school street of the same 3rd of the school street.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous records: Application of criminal records, etc. inquiry reports and investigation reports (attached to summary orders, etc. of suspect-related cases)-related 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. Article 62 (1) of the Criminal Act (Article 62 (1) of the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act provides that the defendant's name, character and behavior, family environment, circumstances after committing the crime, etc.

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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