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(영문) 광주지방법원 순천지원 2016.01.29 2015고단2287
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On January 8, 2007, the defendant was issued a summary order of KRW 3 million due to a violation of road traffic law in the Gwangju District Court's net support on January 8, 2007, and on July 5, 2010, the court issued a summary order of KRW 5 million due to a violation of road traffic law.

On September 2, 2015, the Defendant driven a car with B eb, while under influence of approximately 0.172 percent alcohol level in the section of approximately 1 kilometer from the front of the commercial influent restaurant in the Mayang-Eup in the lightyang-si, to the front of the luminous inebyang-si 1756-2 in the lightyang-si Mayang-si, the Defendant driven a car with B eb, while under influence of about 0.172 percent in the blood alcohol level in the front of the Mayang-gu Mayang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of each summary order;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order are the case where the defendant was punished for the same kind of crime, and the case is not less severe due to the crime that causes traffic accidents, but the defendant reflects his fault in depth and has no criminal record of imprisonment or heavier due to drinking driving, etc. shall be determined in consideration of the circumstances.

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