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(영문) 광주지방법원 순천지원 2017.02.01 2016고단2380

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On September 18, 2006, the Defendant received a summary order of KRW 2 million as a fine for a violation of Road Traffic Act (drinking driving), etc. from the Gwangju District Court's Netcheon Branch on September 18, 2006. On March 11, 2016, the Defendant received a summary order of KRW 1.5 million as a fine for a violation of Road Traffic Act (drinking driving) from the Gwangju District Court's Net Branch Office

On November 2, 2016, the Defendant driven B car at a section of about 300 meters from the front day of the mutual influence 0.142% alcohol level in lightyang-si, while under the influence of alcohol level 0.142% among the blood transfusions.

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

Summary of Evidence

A previous conviction in the Defendant’s legal statement of the driver of the State, a written circumstantial statement, or a written testimony of alcohol during blood: The application of the provision of an inquiry, such as criminal history, and the provision of a 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;

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

3. Suspension of execution prescribed in Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 201Do1148, Apr. 1, 201

4. An order to attend a course under Article 62-2 of the Criminal Act;