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(영문) 광주지방법원 2015.11.05 2015고단3729
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 October 15, 2014, at around 16:05, the Defendant driven Bsch-ton car under the influence of alcohol content of about 0.14% at a section of about 1km from the 1km to the roads before the west of the same Eup/Myeon from the Mag-gun, Hong-gun, Young-gu, Hongnam-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written reports on running a driver;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act had already been punished four times due to drinking alcohol, and one time due to refusal to take a drinking alcohol measurement, while serving a previous conviction, traffic accidents due to drinking alcohol driving in the instant case, and the Defendant’s blood alcohol concentration is high is disadvantageous.

On the other hand, the punishment power of the defendant related to the drinking driving is before 2007, and the fact that the defendant does not drive the drinking again is favorable.

The punishment shall be determined as ordered in full view of all the sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, health condition, circumstances after the crime, and circumstances after the crime.

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