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(영문) 광주지방법원 순천지원 2017.02.01 2016고단2281
도로교통법위반(음주운전)
Text

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

However, the execution of 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 September 21, 2006, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (drinking driving) from the Gwangju District Court's Netcheon Branch on September 21, 2006, and issued a summary order of KRW 3 million as a fine for the same crime in the same court on April 9, 2014, and had a drinking record of two or more occasions.

On October 20, 2016, at around 22:25, the Defendant driven a B body-man car under the influence of alcohol content of approximately 0.189% at a section of approximately 2 km from the commercial influence in the front of the new flag city to the front day of the new flag city.

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 a judgment made based on the result of crackdown on drinking: Application of a written inquiry, such as criminal history, and summary order

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. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2009Da

4. Taking lectures and community service orders under Article 62-2 of the Criminal Act;

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