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(영문) 광주지방법원 2016.06.30 2016고단1352

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

[criminal history] The defendant was issued a summary order of KRW 3 million on November 6, 2006 due to a violation of road traffic law in the Incheon District Court's Vice-Support on November 6, 2006, and on January 19, 2007, the defendant was sentenced to a suspended sentence of two years due to a violation of road traffic law in the Incheon District Court's Vice-Support, etc., and was sentenced to a suspended sentence of two or more times.

[2] On March 24, 2016, the Defendant driven a B-type driver car from approximately 50 meters away from the studio of a chimney main place in the bankruptcy of Gwangju Mine-gu to the studio of a mountain, while under the influence of alcohol content of 0.137% in blood around 03:20 on March 24, 2016.

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 convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (report attached to a judgment);

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 fact that there exists a record of being punished several times due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the blood alcohol concentration is high: Provided, That since 2007, there is no record of being punished due to driving of drinking alcohol, and all kinds of sentencing conditions shown in the pleadings of the instant case, including the Defendant’s age, sexual behavior, environment, background of the crime, circumstances after the crime, etc., shall be determined as per the order (the sentencing criteria shall not apply to a crime for which no sentencing guidelines have been set).