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(영문) 광주지방법원 2016.03.17 2015고단4598
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 28, 2012, the Defendant was notified of a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Gwangju District Court on December 28, 2012, and on January 28, 2014, the Defendant entered the same court in accordance with the summary order of a fine of five million won for a crime of violating the Road Traffic Act.

The summary order was notified.

피고인은 2015. 10. 31. 02:25 경 광주 남구 구동 21-1에 있는 광주공원 포장마차 앞 도로에서부터 광주 동구 불로 동 178에 있는 빕스 앞 도로에 이르기까지 약 100m 의 구간에서 혈 중 알코올 농도 0.168% 의 술에 취한 상태로 C 모닝 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and investigation report (Attachment to a copy of 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. In full view of the following: (a) the Defendant’s records of the punishment for drinking alcohol (not less than three times due to drinking driving over the year 2012, year 2014, and year 2015), driving distance, alcohol density in blood, and the Defendant’s age, sex, sex, environment, health conditions, the background of the crime, circumstances after the crime, etc., for the reasons of sentencing under Article 62-2 of the Criminal Act; and (b) the sentencing conditions specified in the instant pleadings, such as the Defendant’s age, sex, state of health, circumstances after the crime, etc., the sentence is determined as ordered.

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