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(영문) 광주지방법원 2016.01.14 2015고단4460
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On January 7, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act at the Gwangju District Court, and on April 4, 2008, the Defendant was sentenced to a fine of KRW 1 million for the same crime at the same court.

On October 31, 2015, the Defendant driven B tetra with alcohol concentration of about 0.119% in a distance of about 220 meters from the front road of the old ancient city in Gwangju-dong-dong-gu to the intersection of the gold in the same Gu-ro Do-dong-dong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that there exists a record of being punished several times due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the fact that blood alcohol level is high: Provided, That there is no criminal record exceeding a fine, and the defendant's age, sex, environment, circumstances of crimes, circumstances after crimes, etc. are considered, and all of the sentencing conditions specified in the arguments of this case shall be determined as ordered.

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