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(영문) 광주지방법원 2016.11.10 2016고단2509
도로교통법위반(음주운전)
Text

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

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

3.

Reasons

Punishment of the crime

On October 15, 2012, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Gwangju District Court, and KRW 2 million for the same crime at the same court on November 25, 2014.

On June 2, 2016, at around 04:40, the Defendant driven Ccoon vehicle from the front side of the Yangsan Elementary School located in Yangsan-dong, Gwangju, to the point where 77.1km is located in the same Gu-dong, at approximately 3km section, from the front side of the Yangsan-dong, in a state of alcohol of 0.189% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records and summary order 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. In full view of all the sentencing conditions shown in the pleadings of this case, including the Defendant’s age, character and conduct, environment, circumstances after the crime, etc., the sentence shall be determined as ordered, taking into account the following factors: (a) the fact that there exists a history of punishment several times due to the reasons of sentencing under Article 62-2 of the Criminal Act; (b) the blood alcohol concentration is higher than the fine; and (c) the Defendant’s age

(The sentencing criteria shall not apply to crimes whose sentencing criteria have not been set).

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