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(영문) 광주지방법원 순천지원 2016.08.09 2016고단590
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 26, 2012, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch, on July 19, 2007, a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving), and on June 11, 2007, a summary order of KRW 700,000 for a fine for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch.

On March 29, 2016, at around 06:00, the Defendant driven Bone Star motor vehicle under the influence of alcohol leveling 0.106% from approximately 1 km section to the front road of the “lust Stack” located in the domini-dong in the domini-si city, from the front road of the domini-dong in the domini-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. A copy of the ledger using the measuring instruments for drinking;

1. Previous convictions indicated in judgment: Inquiry about criminal history, investigation report (a copy of summary order), and application of three copies of summary order Acts and subordinate statutes;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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 punishment as ordered shall be determined in order to prevent recidivism, taking into account the defendant's records of the same crime (three times a punishment), drinking volume, drinking circumstances, etc. for the reason of sentencing under Article 62-2 of the Criminal Act;

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