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(영문) 광주지방법원 순천지원 2016.10.20 2016고단1488
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

On December 31, 2008, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million as a fine in the same court on October 8, 2013.

On July 21, 2016, at around 23:38, the Defendant driven B rocketing car at approximately 30 meters from the vegetable restaurant parking lot located in the Ycheon-gu Municipal Ordinance, to the reputation 2-way of the same city at the same time and the front road, while under the influence of alcohol 0.10% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (Attachment of the same criminal records and summary order)-related 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 to prevent recidivism shall be determined in consideration of the criminal records of the defendant with the reason of sentencing under Article 62-2 of the Criminal Act, the level of drinking alcohol in this case, and the circumstances of drinking driving, etc.;

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