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(영문) 광주지방법원 2013.10.02 2013고단3722
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 28, 2007, the defendant was sentenced to a suspended sentence of five months by imprisonment for a violation of the Road Traffic Act at the Gwangju District Court on December 28, 2007, and on March 26, 2009, issued a summary order of five million won by the Gwangju District Court on March 26, 2009.

On July 22, 2013, at around 23:05, the Defendant driven a B observer car while under the influence of alcohol content of about 0.06% at a distance of about 500 meters from the front road of the Suwon-gu, Gwangju Metropolitan City to the front road of the Suwon Hospital located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement under the circumstances of the driver of the drinking spring;

1. Previous records: Application of criminal records, etc. and other Acts 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The sentencing of Article 62-2 of the Probation Criminal Act is recognized to have a large number of people who have been punished for the same kind of crime, but the distance from the operation of drinking driving of this case is not relatively long, the defendant has no record of the same kind of crime for the latest four years, and the defendant is at Grade VI with physical disability, etc. shall be determined as ordered by the

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