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(영문) 광주지방법원 해남지원 2016.04.21 2016고단66

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On April 6, 2009, the Defendant received a summary order of KRW 500,000 as a fine for a violation of road traffic law in the support of the Gwangju District Court on April 6, 2009. On September 15, 2009, the Defendant received a summary order of KRW 1 million as a fine for a violation of road traffic law (driving driving) in the support of the Southern District Court of Gwangju District.

[2] On January 8, 2016, around 20:50, the Defendant driven a B rocketing car under the influence of alcohol leveling to approximately 0.080% of alcohol level in the 300m section from the 300m distance at post offices of the same Eup/Myeon from the front line to the 300m distance of the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the details of the control, the statement of the situation of the driver driving, and the results of the crackdown on drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) an investigation report (including attachment of a copy of a summary order and an attached summary order);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the instant crime even though he/she had been punished twice or by drinking alcohol driving, and the quality of such crime is not good.

Provided, That the punishment shall be determined as per the order in consideration of the fact that the defendant reflects the defendant, the fact that the defendant has no record of punishment exceeding a fine.