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(영문) 광주지방법원 2016.12.15 2016고단4313

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 of the final judgment.

Reasons

Punishment of the crime

On May 14, 2007, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Gwangju District Court, and a summary order of KRW 2.5 million for the same crime at the same court on April 19, 201.

On October 1, 2016, at around 23:20, the Defendant driven a BN-si car in the state of alcohol with approximately 4 km alcohol concentration of about 0.072% from the 4km section to the lower end of the fish class road located in the U.S.-dong of the same Si/Gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and attachment of judgment) and statutes;

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. According to Article 62(1) of the Criminal Act of the suspended sentence, all of the sentencing conditions shown in the pleadings of the instant case, including the Defendant’s punishment records for drunk driving (the period from 2004 to 2011 is subject to three times as drinking driving, and no other punishment records exist), driving distance, blood alcohol concentration, and other punishment records), the Defendant’s age, character and conduct, environment, health conditions, circumstances after the commission of the crime, etc., shall be comprehensively taken into account.