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(영문) 광주지방법원 순천지원 2015.12.23 2015고단2042

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

On May 17, 2011, the Defendant received a summary order of KRW 1,500,000,000 as a fine for a violation of the Road Traffic Act, from the Gwangju District Court's Netcheon Branch on May 17, 201, and issued a summary order of KRW 2 million as a fine in the same court on June 24, 2013.

On October 10, 2015, at around 23:17:23:17, the Defendant driven a B-to-pp motor vehicle with approximately 100 meters of blood alcohol concentration of about 0.072 percent from the front side of the cafeteria-si Municipal Ordinance of Macheon-si to the front side of the Yancheon-si-si Municipal Ordinance of Mancheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previouss before ruling: Criminal records, inquiry reports, and application of each summary order-related Act and subordinate statutes;

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration, such as the fact that he commits an error in depth, that he has no criminal record of imprisonment or heavier, and that he does not cause a traffic accident due to a drunk driving);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;