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(영문) 광주지방법원 2015.09.24 2015고단2668
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 February 11, 2008, the Defendant was sentenced to a fine of KRW 700,00 as a crime of violation of the Road Traffic Act at the Gwangju District Court on February 11, 2008, and a fine of KRW 2 million as a crime of violation of the Road Traffic Act at the Changwon District Court on October 10, 201.

On July 5, 2015, at around 16:35, the Defendant driven Bribe, while under the influence of alcohol, from approximately 150 meters away from the road front of the “quare restaurant” in the Namwon-si, Namwon-si to the road front of the “Pox University” in the same Dong to the road.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records: Application of criminal records, inquiry records, and copies of summary order 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. Article 62 (1) of the Criminal Act;

1. The sentencing period of Article 62-2 of the Criminal Act includes the defendant's drinking records (the person who is punished twice due to drunk driving, such as the first head's previous record at the time of making a judgment), driving distance, blood alcohol concentration, the defendant's age, character and conduct, environment, health conditions, the circumstances of the crime, and the circumstances after the crime, etc., and all of the sentencing conditions shown in the arguments of this case shall be determined as ordered.

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