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(영문) 광주지방법원 해남지원 2013.12.18 2013고단280
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 October 8, 2010, the Defendant issued a summary order of 1.5 million won for the violation of the Road Traffic Act in the Gwangju District Court's branch office in Gwangju District Court's Maritime Court on October 8, 2010.

On October 13, 2013, the Defendant, who had been punished twice or more due to the violation of the Road Traffic Act, driven a car in Cmea while under the influence of alcohol concentration of about 0.188% from the 4km section from the day front of the Japanese funeral hall located in the Jeonnam-gun, Namnam-gun, Namnam-gun, Seoul to the day front of the horizontal distance in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous convictions indicated in judgment: Application of inquiry reports on criminal records, etc. and investigation reports, and 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. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2006);

1. Article 62 (1) of the Criminal Act (In addition to the grounds for discretionary mitigation, various circumstances, such as the age, character and conduct, home environment, and circumstances after committing the crime, etc. recorded in the records of this case);

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;

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