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(영문) 광주지방법원 순천지원 2016.02.17 2015고단2351

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 13, 2011, the Defendant received a summary order of a fine of two million won for a crime of violating the Road Traffic Act in the Gwangju District Court's Netcheon Branch on May 13, 201, and on July 27, 201, the Gwangju District Court received a summary order of a fine of four million won for a crime of violating the Road Traffic Act.

On November 4, 2015, the Defendant driven a vehicle with approximately 50 km from the front of a mutual influent funeral hall in the trade name located in the south of the Republic of Korea to the front of the Honam Highway and Toltro (YY) in the influence of alcohol 0.082 percent of alcohol during blood transfusion around 09:01, to the front of the funeral hall located in the south of the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

1. Previous conviction: Application of a written inquiry, such as criminal history, and of each summary order;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decisions 201Do134, Jan. 1, 2011>

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;