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(영문) 광주지방법원 해남지원 2016.07.07 2016고단185
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On May 19, 2010, the Defendant was sentenced to a fine of KRW 500,000 to a fine of KRW 500,00 as a crime of violating road traffic law (drinking) in the support of the Gwangju District Court in Gwangju District Court on May 19, 201, and a fine of KRW 1,50,000 as a same crime in

[2] Although the Defendant had been punished for committing a violation of the Road Traffic Act (drinking) on at least two occasions, the Defendant driven B-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. An explanatory note;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, and of a written confirmation of investigation (A), and statutes;

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;

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. The defendant for the reason of sentencing under Article 62-2 of the Criminal Act, even though he had a record of being punished twice due to drinking alcohol driving, should be punished strictly, but a suspended sentence shall be imposed in consideration of the circumstances, such as the defendant's reflection of the crime, the fact that the defendant has no record of being punished in excess of the fine, etc.

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