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(영문) 광주지방법원 2016.11.24 2016고단3970

도로교통법위반(음주운전)

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On February 5, 2007, the Defendant issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act at the Gwangju District Court, and on January 29, 2010, issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Gwangju District Court.

On July 19, 2016, at around 22:10, the Defendant driven BM5 vehicle under the influence of alcohol with approximately 200 meters alcohol concentration of about 0.148% from the front of the Hopon House, which is not aware of the trade name in Gwangju Northern-dong, to the front of the Child Mine Service Center in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a copy of a summary order of the same type power attached) and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The sentencing of Article 62(1) of the Criminal Act on the grounds of suspended sentence shall be determined as ordered by comprehensively taking into account all the conditions of sentencing as shown in the pleadings of the instant case, including the Defendant’s records of the punishment of drunk driving (the period of punishment twice as shown in the previous record of trial, and there are no other records of punishment), driving distance, blood alcohol concentration, age, character and conduct, environment, health conditions, circumstances after the crime, and circumstances after the crime.