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(영문) 광주지방법원 2014.07.08 2014고단1835
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has violated Article 44 (1) of the Road Traffic Act on December 21, 2006 by being sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act at the Gwangju District Court on September 11, 2009 and a fine of 2 million won for a violation of the Road Traffic Act at the Gwangju District Court on September 1, 2009.

On April 8, 2014, the Defendant driven BNF car at approximately 1km section of the roads front of the same Gu, Nam-dong Gwangju Park, Nam-gu, Seoul, about 0.120% under the influence of alcohol concentration of 0.120%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the status of the driver, each statement of the status of the driver, and each statement of the status of the driver, respectively;

1. Previous records of judgment: Application of Acts and subordinate statutes stated in criminal records, replys to criminal records, investigation reports (Attachment to four criminal records of the same type of crime);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act at the time of committing the same kind of crime);

1. An order to attend a lecture shall be rendered for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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