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(영문) 광주지방법원 2015.08.20 2015고단1812
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On August 6, 2007, the Defendant received a summary order of KRW 2 million from the Gwangju District Court to a fine of KRW 2 million due to a violation of the Road Traffic Act ( sound driving), and on November 12, 2012, from the Gwangju District Court to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving).

On May 26, 2015, at around 14:30, the Defendant driven C truck under the influence of alcohol leveling 0.064% from a section of about 10km to the front road of the Hanyang-gun, Jeonyang-gun, Jeonyang-gun, Jeonyang-gun, Seoul, to the front road of the same military, in front of the Hanyang-gun, G truck under the influence of alcohol leveling 0.064%.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power);

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. The suspended sentence under Article 62(1) of the Criminal Act takes full account of all the conditions of sentencing as shown in the pleadings of this case, such as the defendant's drinking records (the period of four times as a sound driving), driving distance, blood alcohol concentration, other age, character and conduct, environment, health conditions, circumstances after the crime, etc., and the circumstances after the crime, etc.

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