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(영문) 광주지방법원 순천지원 2016.12.21 2016고단2006
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On January 26, 2012, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act from the Gwangju District Court's net support on January 26, 201, and a fine of KRW 2 million as a fine for a violation of the Road Traffic Act from the Gwangju District Court's net support on October 20, 2008.

On October 06, 2016, at around 21:30, the Defendant moved to drive a car in the state of alcohol with approximately 50 meters alcohol concentration of about 0.181% from the 50-meter section to the pre-road of the seafarer’s post office located in the influence city, starting from the front road of the Youngdong, which is located in the influence city.

Summary of Evidence

Defendant’s legal statement

Previous convictions as stated in the judgment, such as a report on the state of drinking driving, and a report on the control of drinking driving: Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and copies of summary orders;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

3. Article 62 (1) of the Criminal Act (including the fact that he/she commits an error and has no criminal record exceeding the fine, etc.);

4. Taking lectures or providing community service orders under Article 62-2 of the Criminal Act;

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