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(영문) 광주지방법원 2017.01.19 2016고단5513

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 21, 201, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Gwangju District Court, and a summary order of KRW 5 million as a crime of violating the Road Traffic Act at the Gwangju District Court on September 6, 2013.

On November 20, 2016, the Defendant driven at around 14:09, the Defendant, while under the influence of approximately 10 meters alcohol concentration from the factory in the front of the mushroom farm located in 51, Masung-gun, Chosung-gun, Chungcheongnam-gun, Matern, to the side of the same rirorogate, drive the Defendant, at approximately 0.132% under the influence of alcohol concentration in blood, in the direction of 0.132% under the influence of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of such case);

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. For the reason of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, the punishment as ordered shall be determined by comprehensively taking into account the defendant's records of punishment for drinking alcohol (the previous convictions shall be punished twice as shown in the judgment), driving distance, alcohol level during blood, and the age, sex, sex, environment, health conditions, circumstances of the crime, circumstances after the crime, etc., as well as all the conditions of sentencing specified in the arguments in the instant case.