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(영문) 광주지방법원 해남지원 2014.11.19 2014고단276
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 October 15, 2010, the Defendant is a person who has violated Article 44(1) of the Road Traffic Act, such as a fine of two million won for a violation of the Road Traffic Act, a fine of one million won for the same crime in the same court on June 20, 201, and a fine of two million won for the same crime in the same court on September 27, 2012.

On August 9, 2014, at around 21:10, the Defendant driven a Bpft vehicle with approximately KRW 3 km alcohol concentration of 0.183% from the road front of the Youngdong-gun, Jin-gun, Jindo-gun to the national highways No. 18 of the same Myeongri-ri.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Investigation reports (on-site conditions, etc. at the same time);

1. On-site photographs;

1. Previous records of judgment: Application of criminal records, reply reports (A), one written judgment, and two copies of summary order 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. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2006);

1. Article 62 (1) of the Criminal Act (In addition to the grounds for discretionary mitigation, various circumstances, such as the defendant's age, character and conduct, home environment, and circumstances after committing the crime, indicated in the records of this case);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;

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