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(영문) 광주지방법원 2016.05.26 2016고단585
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 June 28, 2007, the Defendant was sentenced to a fine of KRW 5 million due to a violation of road traffic law at the Gwangju District Court, and on May 10, 2010, the Defendant was sentenced to a summary order of KRW 1.5 million due to the same crime in the Gwangju District Court's net support on May 10, 201.

On February 3, 2016, the Defendant driven B Poter truck under the influence of alcohol content of about 10km from around 01:30 to around 482, 2016 to around 0.119% of alcohol content in the 10km section of the Dong-gu, Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a report on detection of a primary driver and a report on the circumstances of the primary driver;

1. Previous convictions: Inquiry about criminal history and application of the text of the judgment;

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 light of the fact that there exists a record of punishment several times due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the blood alcohol concentration is high, but there are no criminal records of the same kind exceeding the fine, the defendant's age, sex, environment, circumstances of the crime, circumstances after the crime, etc., the punishment shall be determined like the order (the sentencing criteria shall not apply to crimes for which the sentencing guidelines have not been set) in consideration of all the sentencing conditions shown in the argument of the instant case, including the defendant's age, sex, environment

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