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(영문) 광주지방법원 2015.07.23 2015고단1502
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 December 26, 2006, the Defendant received a summary order of KRW 5 million from the Gwangju District Court to a fine of KRW 5 million for a violation of the Road Traffic Act. On September 14, 201, the Defendant received a summary order of KRW 2.5 million from the Gwangju District Court to a fine of KRW 2.5 million for a violation of the Road Traffic Act.

On April 29, 2015, at around 18:50, the Defendant driven B cargo vehicle with approximately 500 meters alcohol concentration 0.103% under the influence of alcohol at the section of about 500 meters from the end of the end of the Yongsan-gu, Gwangju to the roads adjacent to the same alternative motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report on the confirmation of the same kind of power) and Acts and subordinate statutes;

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 grounds for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, have caused traffic accidents due to the drinking driving of this case, the defendant's drinking records (the period of the last punishment is the same as the previous conviction in the judgment, which is five times due to drinking driving), driving distance, blood alcohol concentration, and other criminal defendant's age, character and conduct, environment, health conditions, circumstances after the crime, etc., shall be comprehensively taken into account all the sentencing conditions shown in the arguments of this case including the criminal defendant's age, character

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