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(영문) 광주지방법원 2016.11.29 2016고단4103

도로교통법위반(음주운전)

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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 of the final judgment.

Reasons

Punishment of the crime

On March 31, 2009, the Defendant issued a summary order of KRW 3 million for the violation of the Road Traffic Act (driving) in the Seocheon Branch of Daejeon District Court on July 28, 201, a summary order of KRW 2.5 million for the same crime at the Gwangju District Court on July 28, 201, and a summary order of KRW 7 million for the same crime at the same court on February 12, 2014, respectively.

On September 9, 2016, at around 04:05, the Defendant driven a B-low vehicle under the influence of alcohol level of about 0.142% from the 3km section from the front of the Jeonnam University located in the Donsan-dong, Gwangju, to the front of the Dondong-gu, 240, in accordance with the same northwest-gu, the Defendant driven the B-low vehicle under the influence of alcohol level of about 0.142%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report;

1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (attached to the previous and previous judgments);

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. The sentencing period of Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, the driving distance, the degree of alcohol level of the defendant's drinking operation (the same as the previous record on the market) and the age of the defendant, character and behavior, environment, health conditions, the circumstances after the crime, etc., shall be comprehensively taken into account and all the conditions of the sentencing shown in the pleadings of the case shall be determined as the sentence as ordered.