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(영문) 광주지방법원 순천지원 2016.12.07 2016고단1762

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On March 19, 2012, the Defendant was issued a summary order of 1.5 million won for a crime of violating the Road Traffic Act in the Gwangju District Court's net support on March 19, 2012, and was issued a fine of 2 million won by the same court on March 20, 2015 and received a summary order of 2 million won for the same crime in the same court.

On September 13, 2016, at around 22:04, the Defendant driven B-low-income vehicle under the influence of alcohol with approximately KRW 500 meters alcohol concentration of 0.108% from the section of about 500 meters in front of the KBC Broadcasting Station located in the SBC Broadcasting Station in the Ansisidong, to the front road of the first apartment complex in the dead forest.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

Defendant’s legal statement

A previous conviction of a judgment made on a statement of the state of a drinking driver, or a record of the control of a drinking driving: Criminal history records, etc. and the application of two copies of the summary order;

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;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant reflects the mistakes and the fact that there is no criminal record twice the fine for drunk driving);

4. Taking lectures and community service orders under Article 62-2 of the Criminal Act;