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(영문) 광주지방법원 순천지원 2016.11.02 2016고단1763

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

[criminal power] On November 2, 2010, the Defendant issued a summary order of one million won or more for a violation of the Road Traffic Act in the Gwangju District Court’s net support on November 2, 201, and on June 2, 2011, the Defendant issued a summary order of one million won or more for the same crime in the same court, and the record of drinking driving is two or more times.

【Criminal Facts】

On September 13, 2016, at around 22:51, the Defendant driven a B-learning car under the influence of alcohol with approximately 1k alcohol concentration of about 0.098% from the section of approximately 1k-meter to the front road of the death-based first apartment in the city, if the Defendant had the same time from the front of the restaurant of the “Annhaek-dong,” which was located in the Gannam-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The fact that there are several records of punishment for the same kind of crime on the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as the order shall be determined by taking into consideration the favorable circumstances, such as the fact that the defendant is recognized as a crime, the fact that the defendant has no record of suspended execution or more, and other favorable circumstances, and other conditions of sentencing.