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(영문) 광주지방법원 2016.12.29 2016고단4917
도로교통법위반(음주운전)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On February 5, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Gwangju District Court on February 5, 2009, and a fine of two million won for the same crime at the same court on December 8, 2011.

On October 25, 2016, at around 19:35, the Defendant driven B QM5 car from the section of 300 meters from the 21st three-lane to the eurgy road located at 40 eurg 15, i.g., the Song-ro, Gwangju Northern Sea, 0.103% of alcohol alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, and criminal investigation reports-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. For the reason of sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account all the sentencing conditions indicated in the instant pleadings, including the Defendant’s age, character and conduct, environment, health conditions, and circumstances after the commission of the crime, the period of punishment for drunk driving (the period of punishment three times from 2008 to 2011) of the Defendant, driving distance, blood alcohol concentration, and other factors, such as the Defendant’s age, character and conduct, environment, health conditions, etc.

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