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(영문) 광주지방법원 2016.11.24 2016고단4097
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for six months;

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

3.

Reasons

Punishment of the crime

[criminal power] On December 15, 201, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Gwangju District Court on December 15, 201 and KRW 5 million for the same crime at the same court on June 30, 2014.

【Criminal Facts】

On September 22, 2016, at around 45, the Defendant driven a DSS7 car under the influence of alcohol concentration of about 0.097% from the C parking lot located in Seo-gu, Gwangju to the front road of the entrance of the above CF, from around 100 meters to around the entrance of the above CF.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records: Application of criminal records and investigation reports (previous records and attachment of judgment) and statutes;

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. In full view of all the sentencing conditions shown in the pleadings of the instant case, including the fact that the person was sentenced to a fine twice due to drinking alcohol as stated in the reasoning of sentencing under Article 62-2 of the Criminal Act, the degree of blood alcohol, the Defendant’s age, character and conduct, the environment, the background of the crime and the circumstances after the crime, etc., the punishment shall be determined as ordered;

(The sentencing criteria shall not apply to crimes whose sentencing criteria have not been set).

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