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(영문) 광주지방법원 2016.01.14 2015고단4503

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On October 19, 2007, the Defendant received a summary order of KRW 700,000,000 from the Gwangju District Court to a fine for a violation of the Road Traffic Act, and on May 26, 201, by the same court, a fine of KRW 1.5 million for the same crime.

Although the Defendant had been subject to punishment twice or more due to drinking driving, on October 6, 2015, the Defendant driven a car with C low-speed in the section of about 5 km from the front of the Defendant’s residence in the Southern-gun B before being drunk at around 0.089% of alcohol level among blood transfusion around 0:5 on October 6, 2015 to the front of the mine located in the Gwangju Mine-gu, while under the influence of alcohol level 0.089%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous conviction: Inquiry about criminal history and application of a copy of a summary order;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the records of two times of punishment due to drinking driving, as stated in the reasoning of sentencing: Provided, That the punishment shall be determined as ordered, taking into account all the sentencing conditions shown in the pleadings of the instant case, such as the fact that there exists no other penalty record, blood alcohol concentration, and the Defendant’s age, sex, environment, background of the crime, circumstances after the crime, etc.