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(영문) 광주지방법원 해남지원 2014.03.05 2013고단331
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 January 26, 2011, the Defendant is a person who had been sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act in Gwangju District Court's support on January 26, 201 and was sentenced to a summary order of a fine of two million won more.

At around 21:00 on August 6, 2013, the Defendant, who had been punished twice or more due to the violation of the Road Traffic Act, driven Cpoter trucks under the influence of alcohol with approximately 40 cm of blood alcohol concentration of about 0.161% on the road in front of the 269 Yannam-gun, Namnam-gun, Busan-do on August 6, 2013.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. A report on detection of drivers and a report on circumstantial statements of drivers;

1. Statement made to D by the police;

1. Evidence photographs;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (where relevant cases are involved and a copy of the judgment, etc.);

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. 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 defendant's age, character and conduct, home environment, and circumstances after committing the crime, indicated in the records of this case);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;

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