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(영문) 광주지방법원 2016.11.10 2016고단2947

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

[criminal power] On November 10, 2010, the Defendant issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Gwangju District Court on November 10, 201 and KRW 1 million as a fine in the same court on November 7, 2012.

【Criminal Facts】

On July 14, 2016, at around 22:34, the Defendant driven B-low-car under the influence of alcohol with approximately 1k alcohol concentration of about 0.114% from the front side of the indoor packing car in the Gwangju Mine-gu to the trafficIC road in the same Gu transportation Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records: Application of criminal records and investigation reports (previous records and attachment of judgment) and statutes;

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. In full view of all the sentencing conditions shown in the pleadings of this case, including the Defendant’s age, character and conduct, environment, circumstances after the crime, etc., the sentence shall be determined as ordered, taking into account the following factors: (a) the fact that there exists a history of punishment several times due to the reasons of sentencing under Article 62-2 of the Criminal Act; (b) the blood alcohol concentration is higher than the fine; and (c) the Defendant’s age

(The sentencing criteria shall not apply to crimes whose sentencing criteria have not been set).