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(영문) 광주지방법원 순천지원 2016.08.10 2016고단139
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal history] On October 15, 2008, the Defendant received a summary order of KRW 700,000,000 as a fine for a crime of violating the Road Traffic Act in the Gwangju District Court’s net support on October 15, 2008, and received a summary order of KRW 4 million as a fine for the same crime in the same court on October 31, 2013.

[2] On December 24, 2015, the Defendant driven B rocketing car under the influence of alcohol content of about 0.152% from the 1km section from the 1km section to the 6rd road of the 201st class of the 201st class of the 201st class of the 201st class of the 201st class of the 201st class of the 201st class of the 201st class of the 201st class of

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, even though the Defendant violated the prohibition of drinking at least twice.

Summary of Evidence

A previous conviction of the defendant's legal statement made by the defendant, a report of detection of the driver in charge of drinking, and a previous conviction of the control of drinking driving: Application of 2 copies of the summary order

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

2. The reason for sentencing under Article 53 and Article 55(1)3 of the Act on Reduction of Small Quantity is that the Defendant had already been punished twice due to driving of alcohol, and the Defendant did not know even though he was under the suspension of execution and protection observation due to the final and conclusive judgment on the crime of injury, and caused the contact with the Defendant while having high alcohol content in the blood.

Therefore, the defendant is sentenced to punishment.

When determining the sentence, the sentencing conditions such as the defendant's age, sex, environment, etc. were considered.

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