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(영문) 광주지방법원 2013.10.31 2013고단4478
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 September 2, 2009, the defendant was sentenced to suspension of indictment for the crime of violation of the Road Traffic Act at the Gwangju District Prosecutors' Office, and on November 9, 2012, the Gwangju District Court issued a summary order of 2 million won as a fine for violation of the Road Traffic Act at the Gwangju District Court.

On July 3, 2013, at around 22:51, the Defendant driven B-low-car under the influence of alcohol content of about 0.5 km from the Do in front of a restaurant on the mutual discognition of Gwangju Northern-dong to the 0.5 km road in the front of the 2ambamba-dong in Gwangju-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statute described in subparagraph A to the statement on the status of a driver of a driving school, written non-prosecution decision, summary order, criminal history records, etc.;

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant’s mistake recognized and against his or her will not repeat the same crime; and (b) the Defendant has no record of having been sentenced to imprisonment yet; and (c) the sentence is determined as ordered.

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