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(영문) 광주지방법원 2016.10.13 2016고단2943
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 January 7, 2008, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Gwangju District Court, and on July 2, 2010, the same court issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act.

On July 1, 2016, at around 01:25, the Defendant driven an Erocketing car by driving approximately five meters in the direction of D Hospital from the street in Gwangju Mine-gu, while under the influence of alcohol of 0.27% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol and a written report of the master driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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. The sentencing period of Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, and the defendant's records of punishment for drunk driving (the period from 2003 to 2010 has no record of punishment or heavier than fines) , driving distance, blood alcohol concentration, and other defendant's age, character and conduct, environment, health conditions, circumstances after the crime, and all of the sentencing conditions shown in the arguments of this case, shall be determined as ordered by the order.

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