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(영문) 광주지방법원 2013.12.19 2013고단4997
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 25, 201, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act, etc. at the Gwangju District Court on November 25, 201, and was sentenced to a suspended sentence of imprisonment for six months in the same court on October 10, 2012.

On October 14:35, 2013, the Defendant, at around 14:35, driven a motor vehicle under the influence of alcohol at approximately 0.054% of blood alcohol concentration in the section of approximately 2km from the front of a mutually influent restaurant located in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju to the roads in front of the same Kuukdong-dong, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statute stated in the Statement on the State-employed Drivers, the ledger of driver's licenses, criminal history records, and reply reports;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant has been punished seven times in the last year and repeated the same crime during the period of suspension of execution even though he/she has been punished for driving under the influence of alcohol at least seven times in the last 11 years, and it is determined that it is necessary that the defendant should be sentenced to strict punishment so that he/she can de

In addition to these circumstances, the specific sentencing was set by comprehensively taking account of the circumstances such as the fact that the defendant acknowledges and reflects his fault, drinking water, driving circumstances, etc.

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