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(영문) 광주지방법원 순천지원 2016.09.28 2016고단777
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On October 13, 2008, the Defendant issued a summary order of KRW 2 million for a crime of violation of road traffic law at the Jung-gu District Court on March 9, 2012 as a fine of KRW 1.5 million for the same crime from the Seocheon Branch of the Gwangju District Court on March 9, 2012, and KRW 7 million for the same crime at the same court on January 21, 2013, respectively.

[2] On March 18, 2016, the Defendant driven B rocketing without a alcohol level of about 10km from around 10km to around 15 minutes from the 10km section of alcohol level to around 15, 2016, when he was under the influence of alcohol at around 13:07, and around 13:07.

Summary of Evidence

A previous conviction of the defendant's legal statement, a statement report on the circumstances of the driver who is placed in driving, or inquiry about the result of crackdown on drinking: Application of a written inquiry, such as criminal history;

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;

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

3. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account the fact that the accused commits a mistake and that he/she has been punished three times due to driving under drinking, etc.);

4. Protection and observation and community service order under Article 62-2 of the Criminal Act;

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