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(영문) 광주지방법원 순천지원 2015.08.18 2015고단35

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 December 26, 2006, the Defendant received a summary order of KRW 2 million from the Seoul Central District Court to a fine of KRW 1 million for a violation of the Road Traffic Act. On December 15, 2008, the Defendant received a summary order of KRW 2 million for the same crime from the Sungnam Branch Branch of Suwon District Court on December 15, 2008. On January 27, 2011, the Seoul Central District Court received a summary order of KRW 2 million for the same crime.

On January 2, 2015, at around 21:54, the Defendant driven a Grandn car with a blood alcohol concentration of approximately 0.104% from the 200-meter section before the road before the North Do in front of the street box located in the same Dong, which was driven by the Defendant, in a state of under the influence of alcohol of about 200 meters.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry and inquiry;

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 (limited to the punishment of a fine and the punishment of a fine, and considering the fact that the punishment of a fine is the most recent power in 2011 and that it reflects the punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Preparation of Grounds for Discretionary Mitigation);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;