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(영문) 광주지방법원 해남지원 2015.09.10 2015고단324
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On April 10, 200, the defendant was issued a summary order of 4.5 million won for a violation of the Road Traffic Act (driving) in the Gwangju metropolitan District Court's support on April 10, 200; on December 27, 2002, the defendant was issued a summary order of 2 million won for a violation of the Road Traffic Act (driving) at the Gwangju metropolitan District Court's support on September 22, 2003; on January 4, 2010, the defendant was issued a summary order of 3 million won for a fine of 3 million won for a violation of the Road Traffic Act (driving) in the Gwangju metropolitan District Court's support on January 23, 2010; and on December 23, 2010, the defendant received a summary order of 100,000 won for a fine of 1 million won for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (License without a license).

【Criminal Facts】

The Defendant, like the above criminal records, was a person who has been in violation of Article 44(1) of the Road Traffic Act more than twice, and was under the influence of alcohol at around 15:20 on July 3, 2015, the Defendant driven B cargo at a section of about 100 meters from the Do in front of the New Dong-dong Village in Jindo-gun to the same Do-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes of five copies of criminal records, reference reports (A), investigation reports (former records and results of confirmation), and summary orders;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service had already been punished for driving under the influence of alcohol on several occasions, and the Defendant again driven under the influence of alcohol with high blood alcohol concentration.

It is true that the defendant has seriously accepted and reflected the warning meaning of criminal punishment in the past.

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