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(영문) 광주지방법원 해남지원 2014.12.23 2014고단257
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 16, 2013, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Gwangju District Court's Maritime Branch on January 16, 2013, and received a summary order of KRW 3 million for the same crime in the same court on July 24, 2014, and has violated Article 44 (1) of the Road Traffic Act at least twice.

On July 25, 2014, at around 20:44, the Defendant driven B cargo under the influence of alcohol level of 0.059% at a section of approximately 1.5km from the front day of the luminous horse located in the Nannam-gun, Nannam-gun, Nannam-gun, to the front day of the forest care center located in the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

1. Control note;

1. Previous convictions indicated in the judgment: Criminal records, inquiry reports on criminal records, previous rulings and confirmation reports, summary orders, and application of Acts and subordinate statutes applicable to indictments;

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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