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(영문) 광주지방법원 2014.02.14 2013고단6003
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 May 22, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Gwangju District Court on May 22, 2009, and a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Gwangju District Court on July 4, 2013.

On November 28, 2013, at around 00:35, the Defendant driven B vehicles under the influence of alcohol content of about 0.096% from the 2km section to the 0.096% of blood alcohol content on the roads of the same Sin-si, B vehicles in the same Sin-si from the front day of the same Sin-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. The defendant's reason for sentencing under Article 62-2 of the Criminal Act requires a strict punishment in order to raise awareness of the same kind of crime in which the defendant has recently been pending in the last year, but the defendant is expected not to repeat again against his mistake, and considering the fact that the defendant was a fine for the same kind of drinking driving and that there was no other criminal record than the above same kind of drinking driving, a judgment of probation shall be rendered under the condition of an order to attend a lecture. However, in determining the specific punishment, it is so decided as per Disposition by taking into account all the sentencing conditions such as the defendant's age, character, conduct and family relation.

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