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(영문) 광주지방법원 순천지원 2016.11.17 2016고단1701
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 25, 2011, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch, and a summary order of KRW 5 million as a fine in the same court on November 19, 201, respectively.

At around 23:50 on September 6, 2016, the Defendant driven B cargo from approximately 500 meters to the front road of the mutual incompact house located in the Municipal Ordinance-dong, in the condition of under the influence of alcohol of 0.14% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions: Criminal records, investigation reports (verification of the records of the same kind of crime as a suspect), and application of three copies of written judgments;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. To determine a punishment to prevent recidivism, considering the criminal records of the same crime, the circumstances of driving of drinking of this case, etc. of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act;

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