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(영문) 광주지방법원 2016.03.03 2015고단5173
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 February 7, 2012, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Gwangju District Court on February 7, 2012 and KRW 4 million for the same crime at the same court on February 7, 2013.

On November 24, 2015, the Defendant, while under the influence of alcohol level of 0.123% during blood transfusion around 08:51, driven B-low-income car at approximately 50 meters from the street in the Seo-gu, Seo-gu, Gwangju to the regular old-age road located in the same Dong from the street in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions: Inquiries about criminal history and application of the Acts and subordinate statutes governing summary orders;

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. The fact that there exists a record of serving several times of punishment due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the fact that blood alcohol level is high: Provided, That there is no criminal record exceeding a fine, and the defendant's age, sex, environment, circumstances of the crime, circumstances after the crime, etc. are considered, and all of the sentencing conditions shown in the arguments of this case shall be determined as ordered.

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