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(영문) 광주지방법원 순천지원 2016.06.22 2016고단70
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On October 23, 2007, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) from the Gwangju District Court's Net Branch on October 23, 2007. On July 22, 2009, the Defendant received a summary order of KRW 7 million for the same crime in the same court, and issued a summary order of KRW 3 million for the same crime in the same court on July 18, 201.

On December 18, 2015, the Defendant driven a vehicle B with approximately 300 meters away from around 18, 2015, while under the influence of alcohol content of at least 0.099% during blood transfusions, to the front of the YY-dong election commission of Macheon-si, Macheon-si.

Summary of Evidence

Application of Acts and subordinate statutes to the defendant's legal statement, report on the state of driving, and inquiry about the control of drinking driving.

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 (the fact that the defendant was punished for driving under drinking four times including the previous conviction in the judgment, and the fact that the defendant commits a second offense, commits a mistake, and does not repeat driving under drinking again;

(3) such consideration as the

4. The community service order under Article 62-2 of the Criminal Act;

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