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(영문) 광주지방법원 순천지원 2015.12.23 2015고단2031
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 24, 2008, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, and on May 10, 2010, the Defendant received a summary order of KRW 2 million as a fine for the same crime in the same court, and on June 21, 2010, issued a summary order of KRW 2 million as the same crime in the same court.

On September 25, 2015, at around 23:40, the Defendant driven a motor vehicle E with a blood alcohol content of about 300 meters from the front line of the Green Franchiscison to the front course of the gold golf course located in the Suncheon-si, Suncheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to any inquiry about the control of drinking driving;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order requires a strict punishment for the defendant due to the second offense even though the defendant was punished several times due to drinking driving.

Provided, That the same sentence as the order shall be determined in consideration of the fact that the defendant commits a mistake in depth and has no previous criminal record of imprisonment and has not caused a traffic accident due to drinking driving, etc.

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