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(영문) 전주지방법원 남원지원 2016.05.03 2016고단33
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Power of crime] On September 7, 2006, the Defendant was issued a summary order of KRW 2 million by the Incheon District Court for a crime of violating the Road Traffic Act (drinking driving), and around the 15th day of the same month, the Defendant was issued a summary order of KRW 2.5 million by the Seoul Eastern District Court for a crime of violating the Road Traffic Act (drinking driving).

[2] On February 10, 2016, the Defendant driven a C Poter in the section of about 10 K m from the Defendant’s house located in Southern-si B with alcohol content of 0.067% at around 20:07, to the lower entrance distance at the same time during the same hours, while under the influence of alcohol content at around 0:07.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous conviction: The application of Acts and subordinate statutes of inquiry about criminal history and investigation report (a copy of summary order);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment as ordered shall be determined by comprehensively taking into account the amount of alcohol content in the blood for the reason of sentencing under Article 62-2 of the Criminal Act, the speech and walking condition at the time of detection, the past driving record of drinking alcohol, and the period until the crime of this case thereafter.

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