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(영문) 광주지방법원 2014.10.21 2014고단3142
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 December 9, 2009, the defendant was given a summary order of KRW 3 million by the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the violation of the Road Traffic Act, and the violation of the Road Traffic Act, and the summary order of KRW 3 million by the Gwangju District Court on November 17, 201, and the summary order of KRW 3 million by the Gwangju District Court on November 17, 201.

Although the Defendant had been able to violate the provision prohibiting drunk driving twice or more, on June 18, 2014, at around 22:18, the Defendant driven a Brodox chip vehicle from the front road to the front road of the Dongodong-dong, in a state of alcohol alcohol concentration of 0.125%, while drinking at around 0:18.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Previous convictions indicated in judgment: Application of a reference inquiry report and investigation report (a) and statutes, such as criminal records;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. In light of the fact that the reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., even though the defendant had been punished for the crime of drinking alcohol twice, as shown in the judgment of the court below, the defendant was driving a motor vehicle in a considerable state of drinking alcohol concentration of 0.125%, it is necessary to strictly punish the defendant.

However, there is no additional risk, such as traffic accidents in the course of drinking driving of this case, in which the defendant repents the defendant's wrong and disposes of the vehicle of this case and again does not repeat the same crime.

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