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(영문) 광주지방법원 2016.07.14 2016고단1424
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for four 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 March 27, 2016, the Defendant driven a D-Wn-Wn-Wn-Wn-Won car at approximately 6 km from the front road of the Agricultural Technology Center located in Pyeongtaek-gu, Chungcheongnam-gu, Nam-si, Nam-si, Seoul, in the state of alcohol alcohol concentration of 0.117% in around 15:52.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (Selection of Imprisonment);

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. For the reason of sentencing under Article 62-2 of the Criminal Act, the defendant's records of punishment for drinking alcohol (it has been already punished three times from 2002 to 2009 due to drinking driving), driving distance is long, driving distance is high, and the defendant's age, sex, sex, environment, health conditions, circumstances of the crime, circumstances after the crime, etc. are considered and all of the sentencing conditions shown in the arguments in the instant case shall be determined as ordered.

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