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(영문) 광주지방법원 2017.01.24 2016고단5029
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 6, 2007, the Defendant issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act at the Gwangju District Court on August 6, 2007, and the same court on November 5 of the same year issued a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act.

On November 11, 2016, the Defendant driven B Poter 2, while under the influence of alcohol content of about 0.124% from the section of approximately 1.5 km from the front side of the Twit apartment road in the direction of the city to the front side of the peace vehicle supplies at the same time.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

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. For the reason of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, the punishment as ordered shall be determined by comprehensively taking into account the defendant's records of punishment for drinking alcohol (the previous convictions shall be punished twice as shown in the judgment), driving distance, alcohol level during blood, and the age, sex, sex, environment, health conditions, circumstances of the crime, circumstances after the crime, etc., as well as all the conditions of sentencing specified in the arguments in the instant case.

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