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(영문) 광주지방법원 2016.08.25 2016고단1999
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

[criminal history] On January 31, 2012, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court, and on January 22, 2013, the Defendant was sentenced to a fine of KRW 6 million for the same crime in the same court.

[2] On May 17, 2016, the Defendant: (a) driven a bicycle on the 2km section of approximately 2km from the front side of the 2km-dong office to the front side of the Songcheon-dong Office, which is in sight of light, in the state of alcohol level of 0.155% during alcohol level among the blood transfusion around 20:50.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Inquiry about criminal history, summary order, and application of the text of the judgment;

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. In full view of all the sentencing conditions shown in the pleadings of the instant case, such as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, etc., the sentence shall be determined as ordered (the sentencing criteria shall not apply to a crime for which no sentencing guidelines have been set) by comprehensively taking account of the following: (a) the fact that there was a history of punishment twice due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act; (b) the blood alcohol concentration is higher; (c) the fact that there was no criminal record heavier than

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