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(영문) 광주지방법원 2016.12.22 2016고단4589
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 of the final judgment.

Reasons

Punishment of the crime

On July 8, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and a fine of KRW 4 million for the same crime at the Gwangju District Court on July 31, 2012.

On October 15, 2016, at around 22:00, the Defendant driven BSS520 car driving at approximately three kilometers from the front day of the restaurant that is not aware of the trade name in the Suwon Mine-gu to the non-children's Donate intersection in the same Gu mine-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the results of the drinking driving control;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (Attachment to the same summary order) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing period of Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, driving distance, blood alcohol level, and other criminal defendant's age, character and conduct, environment, health conditions, circumstances after the crime, etc., shall be determined as the same as the disposition, comprehensively taking into account all of the sentencing conditions shown in the arguments in the instant case, including the defendant's records of punishment for drunk driving (from 2002 to 2012 as a drinking driving), driving

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