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(영문) 광주지방법원 2016.01.14 2015고단4512
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 December 11, 2006, the Defendant received a summary order of KRW 500,000 from the Gwangju District Court to a fine of KRW 500,000 as a crime of violating the Road Traffic Act, on December 3, 2010, a summary order of KRW 2,50,000 as a crime of violating the Road Traffic Act (drinking) by the same court on December 3, 201, and on November 4, 201, a summary order of KRW 1,50,00 as a fine for a crime of violating the Road Traffic Act (drinking without a license).

On November 13, 2015, at around 07:00, the Defendant driven a DNA car in the state of alcohol alcohol concentration of approximately 0.169% from the 2km section of approximately 2km to the roads in front of the Dong-dong Macheondong Sports Center.

Summary of Evidence

1. Statement by the defendant in court;

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 a summary order;

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 defendant's records of punishment for drinking alcohol (the person who has been punished three times due to drinking alcohol driving as stated in the judgment in his previous record, and has no record of punishment above punishment), traffic accidents caused by driving of the instant drinking, and the degree of alcohol level in blood: Provided, That the defendant has the ability not to drive drinking again while disposing of the vehicle, and there is old age to support the defendant, and all kinds of sentencing conditions shown in the arguments in the instant case, including the defendant's age, sex, environment, health conditions, the circumstances after the crime, etc., shall be determined as ordered by the order.

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