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(영문) 광주지방법원 2014.08.13 2014고단1826
도로교통법위반(음주운전)
Text

The punishment of the accused shall be set forth in six months.

except that 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 February 25, 2008, the Defendant was a person with experience of violating Article 44(1) of the Road Traffic Act at least twice by receiving a summary order of KRW 2 million from the same court in the same court on October 4, 2013. On April 10, 2014, around 00:30, at the entrance of the original oriental medical hospital located in the Seo-gu Seo-gu Gwangju Metropolitan City, the Defendant was driving the BSzzz under the influence of alcohol concentration of approximately 1.50 meters from 0.087% from blood alcohol level to the front of the so-called BSzz under the influence of under the influence of alcohol concentration of KRW 0.07% from blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Descriptions of a report on detection of a host driver;

1. Previous convictions: Application of Acts and subordinate statutes entered in criminal records;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that the section of operation is not long and that the blood alcohol concentration is not high);

1. Article 62 (1) of the Criminal Act in the suspension of execution (including the fact that there exists no past record of punishment of imprisonment without prison labor or heavier punishment for the same crime);

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