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(영문) 광주지방법원 2012.10.18 2012고합869
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 June 26, 2012, at around 22:25, the Defendant driven a Dap car with blood alcohol content of about 0.319% at a section of about 1km from the Donsan-dong, Gwangju to the roads in front of peace station located in the same Gu and located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (limited to the height of negative values, but it does not have any other same kind of criminal records except fines imposed on or around April 2010 for the last ten years, etc.);

1. Article 62 (1) of the Criminal Act on the suspended execution (Reasons for discretionary mitigation);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;

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