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(영문) 광주지방법원 2016.12.15 2016고단4368
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for eight 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 June 25, 2007, the Defendant issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act at the Gwangju District Court and KRW 2.5 million as a fine in the same court on September 9, 201.

【Criminal Facts】

On September 27, 2016, at around 21:52, the Defendant driven CM5 car under the influence of alcohol with approximately 200 meters alcohol concentration of about 0.209% from the road near the “Urban Corporation” located in Seo-gu, Seo-gu, Seo-gu, Gwangju to the front road of the “Unsagita” located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement report and the inquiry request for appraisal of an employee;

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. The sentencing of Article 62-2 of the Criminal Act is based on the records of two times punishment due to drinking run as stated in the reasoning of sentencing, the blood alcohol concentration is very high: Provided, That there is no criminal conviction heavier than the fine, the defendant's age, character and conduct, environment, circumstances of the crime, circumstances after the crime, etc., and all of the sentencing conditions shown in the arguments of this case, including the defendant's age, character and conduct, circumstances after the crime, shall

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

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