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(영문) 광주지방법원 2016.10.20 2016고단3001
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for eight months;

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

3.

Reasons

Punishment of the crime

On July 4, 2016, at around 22:24, the Defendant driven B rocketing car in the state of alcohol alcohol concentration 0.247%, from the front of the Gosi-dong in Gwangjubuk-gu to the front of the Saundong in the same Gu Pung-dong, the Defendant driven B rocketing car in the state of alcohol alcohol concentration 0.247%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes as an employer driver, a circumstantial statement, and an appraisal inquiry report;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 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. Article 62 (1) of the Criminal Act;

1. The fact that the reason for sentencing under Article 62-2 of the Criminal Act is highly high in blood alcohol concentration, the fact that a person has been punished several times due to drinking driving: Provided, That there is no past conviction heavier than a fine, and the defendant's age, character and conduct, environment, circumstances of crimes and circumstances after crimes, etc. shall be comprehensively taken into account all the sentencing conditions specified in the arguments of this case, including the defendant's age, character and conduct, circumstances

(The sentencing criteria shall not apply to crimes whose sentencing criteria have not been set).

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