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(영문) 광주지방법원 순천지원 2017.03.16 2016고단2748

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

On March 7, 2014, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch, and on March 10, 2015, the Defendant was issued a summary order of KRW 2 million for the same crime in the same court.

On November 12, 2016, at around 22:56, the Defendant driven B cruise car under the influence of alcohol content of 0.119% from a 100-meter section to the front road, where the Defendant was under the influence of alcohol, from the front road of the Sejong Kachia, which is located in the awning-dong at a summer-si, in the summer-si, and where he was under the influence of alcohol content of at least 0.119%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (person with the same kind of force), summary order, application of the text of the judgment, and application of the statutes;

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 punishment to prevent recidivism shall be determined in consideration of the criminal records of the defendant with the reason of sentencing under Article 62-2 of the Criminal Act, the drinking volume and driving circumstances of this case, etc.;