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(영문) 광주지방법원 2016.11.17 2016고단3889
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 September 11, 2007, the defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court for the crime of violation of the Road Traffic Act, and on January 29, 2010, the defendant was issued a summary order of KRW 2 million by the same court as the crime of violation of the Road Traffic Act.

On July 20, 2016, at around 21:08, the Defendant driven B-do car under the influence of alcohol with approximately 250 meters alcohol concentration of approximately 0.081% from the front of the restaurant to the front of the Military Police Station located in the same Eup in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Previous for judgment: Application of Acts and subordinate statutes to criminal records, repeated statements and investigation reports (Attachment of copies of summary order);

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. Article 62 (1) of the Criminal Act;

1. For the reason of sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account all the sentencing conditions shown in the pleadings of the instant case, including the Defendant’s records of the punishment for drunk driving (the period from 2007 to 2010 for drunk driving), driving distance, blood alcohol concentration, and other Defendant’s age, character, conduct, environment, health conditions, circumstances of the crime, and circumstances after the crime, etc., the sentence as ordered shall be determined as per Disposition.

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