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(영문) 광주지방법원 2015.02.25 2014고단4947
도로교통법위반(음주운전)
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On March 9, 2007, the Defendant, at the Gwangju District Court, issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act, and at the same court on November 19, 2010, received a summary order of KRW 3 million for the same crime from the same court on at least two occasions. On November 9, 2014, the Defendant was a person who had the record of violating Article 44(1) of the Road Traffic Act on at least two occasions. On November 22, 2014, around 2:14, 2014, the Defendant driven a B-wide car with approximately approximately 100 meters from the parking lot of “Magyang Carbon Dri Co., Ltd.” located in the two villages of the Seo-gu Seoul Special Metropolitan City to the front path of the same Gu Mancheon-do, while under the influence of alcohol of KRW 0.142% alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the result of crackdown on drinking driving;

1. Previous records of judgment: Application of the Acts and subordinate statutes which record criminal records, inquiry reports;

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., Supreme Court Decision 201Do354, Apr. 1,

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

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