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(영문) 광주지방법원 2014.02.05 2013고단5403
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 December 24, 2010, the Defendant was sentenced to a fine of two million won in the Gwangju District Court for the crime of violation of the Road Traffic Act (driving) on December 24, 2010. On March 15, 2012, the Defendant was sentenced to a fine of four million won in the Gwangju District Court for the crime of violation of the Road Traffic Act (driving) on March 15, 2012. On October 27, 2013, the Defendant driven a B Sejong-ro car while under the influence of alcohol content of 0.134% in alcohol level on October 27, 2013, and proceeded with approximately three km distance in front of the Yangnam-dong apartment in Chungcheongnam-dong, Busan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of statutes concerning criminal records;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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