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(영문) 광주지방법원 순천지원 2016.04.07 2015고단2364
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On September 21, 2007, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (drinking driving), a fine of 5 million won for a violation of the Road Traffic Act at the Jung-gu District Court on October 29, 2008, and a fine of 5 million won for a violation of the Road Traffic Act (drinking driving) at the Seo-gu District Court on November 12, 2010, and a fine of 4 months for a violation of the Road Traffic Act (drinking driving) at the Seocheon District Court on November 12, 2010, respectively.

On September 27, 2015, the Defendant driven a B ASEAN car while under the influence of alcohol concentration of 0.157% on the road in front of the Green Hospital Emergency Station in the public road in light of lightyang-si around 01:20, and while under the influence of alcohol level of 0.157% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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. The punishment as ordered shall be determined by taking into account the criminal records, the values of drinking and driving circumstances of the defendant for the reasons of sentencing under Article 62-2 of the Criminal Act, and other conditions of sentencing, such as the age, environment, etc. of the defendant;

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