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(영문) 광주지방법원 2016.11.10 2016고단3628
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for four 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 July 22, 2016, at around 23:06, the Defendant driven a B-low vehicle under the influence of alcohol with approximately 400 meters alcohol concentration of about 0.128% from the 400-meter section to the e-mail road located in the same e-mail-ro 172.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

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

1. According to Article 62(1) of the Criminal Act of the suspended sentence, all of the sentencing conditions shown in the pleadings of the instant case, including the Defendant’s punishment records for drunk driving (the period from 2004 to 2009 shall be subject to three times as drinking driving), driving distance, blood alcohol concentration, and other punishment records), the Defendant’s age, character and conduct, environment, health conditions, circumstances after the commission of the crime, etc., shall be comprehensively considered.

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