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(영문) 광주지방법원 순천지원 2016.10.19 2016고단1630
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On May 6, 2013, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act in the Gwangju District Court’s net support on May 6, 2013; a summary order of KRW 3 million for the same crime in the same court on August 22, 2013; and a summary order of KRW 7 million for the same crime in the same court on March 20, 2014.

【Criminal Facts】

On August 10, 2016, at around 22:31, 2016, the Defendant driven B rocketing car under the influence of alcohol with approximately 0.152% of alcohol alcohol concentration at a distance of approximately 200 meters from the front day of the intercomcing golf course located in the new site of the Gwangju Bank to the front day of the new road of the Gwangju Bank located in the same Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Records before judgment: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

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;

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

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by taking into consideration the favorable circumstances, such as the fact that a person under probation, an order to attend a lecture, or an order to attend a lecture, or an order to provide community service has a history of being punished several times for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, the fact that blood alcohol content is considerably high, etc., or that the defendant recognizes and reflects the crime, the fact that the defendant has no record of being punished more

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