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(영문) 광주지방법원 2016.11.03 2016고단3532
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for six months;

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

3.

Reasons

Punishment of the crime

On July 3, 2013, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act at the Gwangju District Court and KRW 2 million for the same crime at the same court on April 20, 2016.

On August 17, 2016, at around 23:35, the Defendant driven a B body-man car in the state of alcohol alcohol concentration of approximately 0.084% from the 3km-dong, Seo-gu, Seo-gu, Gwangju to the roads in front of the Mannam-dong, Seo-gu, Gwangju.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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 fact that there exists a record of serving the punishment several times due to the reasons of sentencing under Article 62-2 of the Criminal Act: Provided, That the punishment as ordered shall be determined by taking into account the following factors: the fact that there exists no criminal record heavier than the fine, the defendant's age, character and conduct, environment, circumstances of the crime and circumstances after the crime, etc.

(The sentencing criteria shall not apply to crimes whose sentencing criteria have not been set).

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