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(영문) 광주지방법원 2016.09.29 2016고단2557
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On May 14, 2007, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and KRW 4 million for the same crime at the same court on September 17, 2010.

On June 20, 2016, around 00:04, the Defendant driven a B K5 car with approximately KRW 500 meters alcohol concentration 0.105% while under the influence of alcohol in blood, from the front of the Suwon Mine-gu, Gwangju to the complete energy front road located in 130 meters of the same water level.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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. In full view of all the sentencing conditions shown in the pleadings of the instant case, such as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, etc., the sentence shall be determined as ordered (the sentencing criteria shall not apply to a crime for which no sentencing guidelines have been set) by comprehensively taking account of the following: (a) the fact that there was a history of punishment twice due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act; (b) the blood alcohol concentration is higher; (c) the fact that there was no criminal record heavier than

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