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(영문) 광주지방법원 해남지원 2013.07.03 2013고단105
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 27, 2006, the Defendant issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the Gwangju District Court's support on October 27, 2006, and on March 8, 2007, the Defendant was sentenced to a suspended sentence of one year for imprisonment with prison labor for the same crime in the same court on March 8, 2007 and the same criminal records are two times more.

On April 21, 2013, the Defendant, who had been punished twice or more due to the violation of the Road Traffic Act, operated Bcoon bus under the influence of alcohol content of approximately 0.311% from a 1km section to the front road of 3.1% of the 3.1% of the 3.1% of the blood alcohol content in front of the 3.1% of the 3.1% of the 1km apartment located in the same Ri from the 19:27 Ynam-gun, Namnam-gun, Namnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a host driver, and the report on detection of a host driver (No. 15 pages of investigation records);

1. Control note;

1. Previous records of judgment: Application of criminal records, inquiry reports, 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. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;

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