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(영문) 광주지방법원 순천지원 2017.02.16 2016고단2559
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

On February 19, 2011, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch on February 19, 201, and KRW 5 million for the same crime in the same court on June 28, 2013.

On September 24, 2016, the Defendant, while under the influence of alcohol content 0.197% during blood transfusion, driven B B B in the section of about 4 km from the roads near the fisheries market of the relevant Sincheon-si Ordinance to the roads in front of the restaurant, from the roads near the fisheries market of the relevant Sincheon-si Ordinance to the roads in front of the restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous conviction: Inquiry of criminal history, investigation report (verification of the same record as the suspect), and application of summary order-related Acts and subordinate statutes;

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;

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 to prevent recidivism shall be determined by comprehensively taking into account the criminal records of the defendant with the reason of sentencing under Article 62-2 of the Criminal Act, the numerical value of drinking and the circumstances of drinking driving, etc.

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