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(영문) 광주지방법원 2016.10.13 2016고단2888

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

On December 16, 2011, the Defendant issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act at the Gwangju District Court, and KRW 1.5 million as a fine in the same court on May 2, 2014.

At around 00:40 on July 19, 2016, the Defendant driven a B string car from approximately 500 meters away from the structural frame near Samsung Apartment apartment located in the Hanam-dong in Gwangju Mine-gu to the front road of the full-time funeral hall located in 24, according to the same Gu, while under the influence of alcohol of 0.127% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records and summary order 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).