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(영문) 광주지방법원 2016.09.08 2016고단2264

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 October 13, 2014, the Defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court for the crime of violation of the Road Traffic Act, and KRW 3 million by the same court on January 8, 2015.

At around 01:30 on June 10, 2016, the Defendant driven a rocketing car under the influence of alcohol content of about 200 meters from the front day of the Viennadong in Gwangjubuk-gu to the front day of the gold wave in the same Gu Round-dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, a report on blood alcohol appraisal and investigation report (applicable with the Ba mark);

1. Previous records: Criminal records and application of statutes governing judgment;

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).