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(영문) 광주지방법원 2015.11.05 2015고단3293
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 June 25, 2007, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Gwangju District Court, and on July 11, 201, issued a summary order of KRW 3.5 million at the Gwangju District Court for the same crime, etc.

On July 31, 2015, at around 23:30, the Defendant, while under the influence of alcohol of 0.10% of blood alcohol concentration, driven a construction site located in Gwangju Northerndong from the front of the construction site in Gwangjubuk-gu to the front road of about 1 km in consideration of the same tri-dong and the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, and criminal investigation reports-related 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. The sentencing of Article 62(1) of the Criminal Act on the grounds of the suspended sentence shall be determined as ordered by comprehensively taking into account all the sentencing conditions shown in the arguments of the case, including the defendant's drinking records (the period of punishment twice as stated in the first head at the time of the suspension of sentence), driving distance, blood alcohol concentration, and other age, character and conduct, environment, health conditions, circumstances after the crime, and circumstances after the crime.

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