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(영문) 광주지방법원 2016.08.25 2016고단2352
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 March 30, 2007, the Defendant was sentenced to a fine of 700,000 won as a crime of violating the Road Traffic Act by the Gwangju District Court, and on September 11, 2007, the same court was sentenced to a fine of 2.5 million won as a crime of violating the Road Traffic Act. On January 9, 2009, the Defendant was sentenced to a fine of 1 million won by the same court as a crime of violating the Road Traffic Act.

On June 13, 2016, at around 00:0, the Defendant driven the B rocketing car at approximately 0.146% alcohol level in the section of approximately 1.5 Km of blood in the 2nd circulation in the Seo-gu, Seo-gu, Gwangju Mine-gu, from around 00:0 to the flow of the sea in the 2nd circulation in the same Seo-gu.

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 written inquiries about criminal history and other Acts and subordinate statutes;

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. For the reason of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the Defendant’s records of punishment for drinking alcohol (the driving of drinking alcohol is subject to three times from 2007 to 2009, and there is no record of punishment above fines), driving distance, alcohol concentration in blood, and the Defendant’s age, sex, sex, environment, health conditions, circumstances of the crime, and circumstances after the crime, etc.

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