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(영문) 광주지방법원 2015.11.26 2015고단3824
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On May 14, 2007, the Defendant received a summary order of a fine of KRW 700,000 as a crime of violation of the Road Traffic Act at the Gwangju District Court and a fine of KRW 1.5 million as a crime of violation of the Road Traffic Act at the Gwangju District Court on April 24, 2009.

At around 23:20 on September 16, 2015, the Defendant driven a DSM3 car from the front day of the building kindergarten located in the 741-dong, Gwangju Northern-dong, 741, to the front day of 103-dong, Chungcheongnam-gu, Gwangju Northern-dong, 103-dong, while under the influence of alcohol of 0.185% of alcohol alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual condition, report on the circumstantial statement of a drinking driver, and report on the control of drinking driving;

1. Previous convictions: References to criminal records and application of statutes governing written judgments;

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

1. Article 62 (1) of the Criminal Act;

1. As stated in the reasoning of sentencing in Article 62-2 of the Criminal Act, the fact that there is a history of punishment of fines twice for drinking driving, the blood alcohol concentration is very high: Provided, That there is no previous conviction other than the above two fines, and there is no previous conviction more than fines, and the defendant's age, character and conduct, environment, background of the crime, circumstances after the crime, etc. are considered, and all of the sentencing conditions shown in the arguments of this case shall be determined as per the order.

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