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(영문) 광주지방법원 목포지원 2016.07.14 2016고단16

도로교통법위반(음주운전)

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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

On March 2, 2009, the Defendant was issued a summary order of KRW 700,00,000 by the Gwangju District Court for a fine for a violation of the Road Traffic Act, and a fine of KRW 1.5 million by the same court on May 8, 2009.

On November 16, 2015, the Defendant driven B beer car under the influence of alcohol content of 0.106% from the breabbbbb, Seo-gu, Busan, Seo-gu, 231, to the front of the pharmacy with limited liability of 0.106%, where it is impossible to know the trade name in Seo-gu, Seo-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under drinking, inquiry of the results of crackdown on drinking driving, and inquiry into the following matters;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of criminal suspect's previous convictions);

1. Provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime applicable to the relevant criminal facts, and the option of a sentence;

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 execution of a sentence shall be suspended in consideration of favorable circumstances, such as the observation of protection, the fact that the error in sentencing is against the reason for sentencing under Article 62-2 of the Criminal Act, and that there is no record of punishment exceeding the fine;