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(영문) 광주지방법원 순천지원 2016.11.17 2016고단1750
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 7, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the Gwangju District Court's net support on August 7, 2008, and a summary order of KRW 2 million for the same crime in the same court on September 9, 2015.

On July 30, 2016, at around 21:35, the Defendant driven a B-hand car with a blood alcohol concentration of about 0.110% at the 1km section from the pre-road of the cleaning frame in the same city, from around the pre-road of the cleaning frame in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report accompanied by summary order);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

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

1. To determine a punishment to prevent recidivism, considering the criminal records of the same crime, the circumstances of driving of drinking of this case, etc. of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act;

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