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(영문) 광주지방법원 2014.06.20 2014고단1659
도로교통법위반(음주운전)
Text

The punishment of the accused shall be set forth in six months.

except that 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 January 5, 2011, the Defendant, at the Gwangju District Court, issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act, and on July 12, 2012, issued a summary order of KRW 2 million from the Gwangju District Court to a fine of KRW 2 million for the crime of violation of the Road Traffic Act on at least two occasions. On April 14, 2014, the Defendant was a person who violated Article 44(1) of the Road Traffic Act on at least two occasions, and around 23:24, operated a vehicle under the influence of alcohol concentration of approximately 10 km from the 10k section to the two-am intersections located in the Busan Mine-dong, Busan District Court at approximately 0.0%.

Summary of Evidence

1. Defendant's legal statement;

1. Entry in the circumstantial statement report of a host driver;

1. Previous convictions: Application of the Acts and subordinate statutes in which a copy of each summary order attached to criminal records and investigation reports is recorded;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that the blood alcohol concentration is not high);

1. Article 62 (1) of the Criminal Act in the suspension of execution (including the fact that there exists no past record of punishment of imprisonment without prison labor or heavier punishment for the same crime);

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