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(영문) 광주지방법원 2016.04.28 2016고단416

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment with prison labor for up to 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 December 26, 2006, the Defendant received a summary order of KRW 2,50,000,000 from the Gwangju District Court due to a violation of the Road Traffic Act ( drinking), and a fine of KRW 4 million from the same court on December 24, 2010.

On February 2, 2016, at around 15:00, the Defendant driven the D non-rocketing vehicle owned by the Defendant under the influence of alcohol concentration of about 0.098% from the 100-meter section of approximately 100 meters from the west-gun's parking lot in Gwangjubuk-gu to the Jinyang-gun's Goyang-gun's Goyang-gun's Goyang-gun's Goyang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a summary order of the same kind of power);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the 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 suspended execution;

1. For the reason of sentencing under Article 62-2 of the Criminal Act, the Defendant’s records of punishment for drinking alcohol (the driving of drinking to be punished three times from 2005 to 2010) and the Defendant’s records of punishment for driving alcohol, the driving distance, driving distance, the Defendant’s age, sex behavior, environment, health conditions, the background of the crime, and the circumstances after the crime, etc. shall be comprehensively considered and determined as the sentence as ordered.