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(영문) 광주지방법원 2013.05.07 2013고단1139
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 March 10, 2013, the Defendant, while under the influence of alcohol on 0.236%, driven a 21 ton vehicle owned by the Defendant from the front of the outer upper line located in the Yeong-gun, Young-gun, Young-gun, Young-gu, Seoul, to the front of the village hall located in Bodora in the documents of Jeonnam-gun, Young-gun, Young-gu, Seoul, the Defendant driven a 4km km truck.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 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. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. is that the defendant driven a motor vehicle in a very high alcohol level of 0.236%, and the defendant committed the crime of the same kind of crime of the previous crime of the previous crime of the previous crime of the same case of the same crime of the same case of the same crime of the same case of the same crime of the same case of the same crime of the same case of the previous crime of the previous crime of the same case of the same crime of the previous crime of the previous crime of the previous crime of the previous crime of this case, the defendant's strict punishment is deemed necessary. However, the defendant's mistake is divided and reflected, and the 15 years or more have passed since the defendant was sentenced to a punishment due to the crime of drunk driving, and the last 6 years or more have passed since the defendant was sentenced to a punishment of a fine for the crime of the crime of the drunk driving. The defendant's motive, means and result of the crime of this case of this case of this case of this case, the defendant's age, probation conditions and family environment.

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