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(영문) 광주지방법원 해남지원 2014.01.08 2013고단260
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 August 12, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act in the Gwangju District Court's branch on August 12, 2010, and was sentenced to a fine of three million won in the same court on December 9, 2010, and was sentenced to a fine of three million won in the same court on the same crime.

On September 23, 2013, the Defendant, who had been punished twice or more due to the violation of the Road Traffic Act, driven C bodyman-W car in the section of about 500 meters from the road front of the “Cheongdo-do-Eup” in the front of the “Cheongdo-gun-gun-si” in the front of the “Cheongdo-gun-gun-do-si” in the front of the same Eup to the front road of the Sungdo-gun-si in the same Eup, while under the influence of alcohol level on September 23, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Previous convictions indicated in the judgment: Application of criminal records, repeated statements, copies of summary order, one copy of the relevant Act and subordinate statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 age, character and conduct, home environment, and circumstances after committing the crime, etc. recorded in the records of this case);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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