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(영문) 광주지방법원 순천지원 2016.11.16 2016고단1752

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for 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

[criminal power] On September 11, 2013, the Defendant was issued a summary order of KRW 1,500,000,000 as a fine for a violation of the Road Traffic Act in the Gwangju District Court's net support on September 11, 2013, and a fine of KRW 5 million in the same court on June 9, 2014.

【Criminal Facts】

On August 13, 2016, at around 08:25, the Defendant driven the said car at a volume of approximately 50 meters up to the front of the GS convenience point by returning the wheels in the same apartment complex to the Hanju apartment complex in front of the GS convenience point in the Hanju apartment complex, which is under the influence of alcohol content of 0.089% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Previous records of judgment: Application of inquiry reports on criminal records, etc., investigation reports (five copies of the same type of power, five copies of summary orders, and two copies of judgment);

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;

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by taking into account the favorable circumstances, such as the fact that an order to attend a lecture or an order to attend a community service has twice the same records as the sentencing reasons under Article 62-2 of the Criminal Act, or the fact that the defendant acknowledges and reflects the crime, the fact that the defendant has no record of punishment more than a suspended sentence, the transfer of