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(영문) 광주지방법원 2014.02.07 2013고단5465
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 October 31, 2013, at around 17:15, the Defendant driven B vehicles under the influence of alcohol content of approximately 0.179% from the road surface in front of the metropolitan frequency of the Dondo in the Song-si, Naju-si to the Agricultural Cooperatives, but from approximately 500 meters to the Roman parking lot.

Application of Statutes

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

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. In addition, considering that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act had four times the criminal records of the same drinking driving, the defendant's strict punishment should be imposed. However, considering the fact that the defendant would not repeat again against his/her mistake, and that the above identical criminal records were both fines, a judgment of probation shall be rendered only once on the condition of the order to attend a lecture. It is so decided as per Disposition by taking into account all the sentencing conditions such as the defendant's age, character, conduct and family relationship in determining the specific punishment.

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