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(영문) 광주지방법원 2014.01.27 2013고단5675
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

[criminal power] The defendant is a person who has received a summary order of a fine of KRW 1.5 million on September 11, 2007 due to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (driving) on December 11, 2009, respectively.

【Criminal Facts】

At around 00:30 on November 12, 2013, the Defendant driven a BEX car at a section of approximately 0.5 km from the front side of the mutually unstable main points in the Gwangju Mine-gu's advanced district to the front side of the high-tech class located in the Gwangju Northern-gu's credit dong, with the alcohol content of 0.0.062%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes described in the note of personal and criminal records of the host driver;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The fact that the previous conviction of drinking driving, which was sentenced to a fine by the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, is committed again despite the previous conviction of drinking driving, the defendant reflects the fact that the defendant, drinking alcohol taking in this case, and all other sentencing conditions are taken into account, the order to attend a lecture shall be determined as ordered by the order

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