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(영문) 광주지방법원 해남지원 2016.12.22 2016고단432
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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

[criminal power] On June 19, 2008, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in the Gwangju metropolitan District Court's support on 150,000 won. On June 22, 2015, the same court was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On October 6, 2016, the Defendant driven CAbd Habd Had Hadd Had Had Hadd Had Had Had Had Had Had Had Had Had 85, South, South, South, South, North, under the influence of alcohol of 0.10% of blood alcohol concentration on October 22 and 25, 2016, from around 85, North, South, South, South, North,

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and a report on the state of drinking drivers;

1. Control note;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other 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. Although the reason for sentencing under Article 62-2 of the Criminal Act is a highly dangerous crime, the defendant repeats drunk driving without committing any particular crime.

Considering the above circumstances, a suspended sentence shall be imposed only once in consideration of the fact that the defendant is seriously punished, but the fact that the defendant is against the defendant, and that there is no record of punishment exceeding the fine for the same kind of crime.

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