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(영문) 광주지방법원 2016.04.07 2016고단303

도로교통법위반(음주운전)

Text

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

except that the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 27, 2010, the Defendant was sentenced to a fine of KRW 1.5 million as a crime of violating the Road Traffic Act at the Gwangju District Court on August 27, 201, and a fine of KRW 4 million as a crime of violating the Road Traffic Act at the Gwangju District Court on January 8, 2013.

On January 10, 2016, the Defendant driven B K5 vehicle from the front side of the entrance of the main apartment in Gwangju Seo-gu, Seo-gu at around 0.121% alcohol concentration among blood transfusion around 20:15 to the said parking lot, from around 200 meters to around 110.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous conviction: Application of a reply to inquiry, or a copy of the 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. For the reason of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, the defendant's records of punishment for drinking alcohol (not less than two times due to drinking driving, not less than a fine, and not more than a fine), the defendant's wife and three children of his/her minor are suffering from drinking, and the defendant again does not drive alcohol, the driving distance, blood alcohol concentration, the defendant's age, sex, environment, health conditions, the circumstances after committing the crime, and all the other conditions of sentencing as shown in the arguments in the instant case shall be determined as the order.