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(영문) 광주지방법원 2014.06.03 2014고단1554
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant received a summary order of KRW 1,00,000 from the Gwangju District Court, which was sentenced to a fine of KRW 5,000,000 on February 25, 2008, and a fine of KRW 2,50,000 on April 9, 201, and was sentenced to a fine of KRW 5,00,00 on July 11, 201.

On April 19, 2014, at around 06:50, the Defendant driven a B-man car under the influence of alcohol concentration of approximately 0.99% in the 1km section, from the 1km section to the roads front of the original oriental medical school located in the Seo-gu, Seo-gu, Gwangju, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes to an investigation report (former and present verification);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment with prison labor;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., degree of noise, distance from operation, and the fact that the defendant is against his/her obligation);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the fact that the defendant has no previous conviction in excess of the fine and the repeated reasons for discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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