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(영문) 광주지방법원 2016.04.21 2016고단198
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 31, 2008, the Defendant was sentenced to a fine of KRW 2 million for a crime of violating the Road Traffic Act at the Gwangju District Court around Gwangju District Court around October 31, 2008, and was sentenced to a fine of KRW 6 million for the same crime at the same court on February 20, 2013.

On December 24, 2015, at around 00:32, the Defendant driven a B observer car under the influence of alcohol level of approximately 0.138% from the 1km section to the ambrythy road of the same Gu, from the roads where he/she becomes aware of the circulation in the Jan-dong, Nam-gu, Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions: References to inquiries and application of summary order Acts and subordinate statutes;

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. For the reason of sentencing under Article 62-2 of the Criminal Act, the punishment shall be determined as ordered by comprehensively taking into account the following factors: the Defendant’s records of punishment for drinking alcohol (the driving of drinking alcohol, which has been punished three times from 2007 to 2013, and which has no record of punishment or heavier than fines), driving distance, alcohol concentration in blood, and other Defendant’s age, sex, behavior, environment, health conditions, circumstances of the crime, and circumstances after the crime, etc.

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