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(영문) 광주지방법원 해남지원 2016.06.23 2016고단118
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On December 21, 2007, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act in the Southern Branch of the Gwangju District Court of Gwangju, and on March 17, 2014, the same court issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking).

[2] On April 5, 2016, the Defendant driven a C-owned car under the influence of alcohol content of about 0.081% at approximately 50 meters from the 50-meter section to the pre-road road of Yando-Eup, Yando-Eup, Yando-Eup, Seoul, at around 22:20 on April 5, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of driving at home, inquiry into the situation of drivers at home, and the results of crackdown on drinking driving;

1. Previous convictions in judgment: (A) a response to inquiry, such as criminal history, etc., a copy of an investigation report (Attachment of a summary order), and application of three copies of a summary order;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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. The reason for sentencing under Article 62-2 of the Criminal Act requires that the defendant committed the crime of this case even though he had been under three times or more due to driving of drinking, and there is a need to seriously punish the defendant to put him a warning in the absence of compliance consciousness. However, considering the fact that the defendant is against the defendant, and that the distance of driving of drinking and driving of drinking is not long, the punishment shall be determined like the order.

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