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(영문) 광주지방법원 순천지원 2016.10.07 2016고단1408
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal power] On April 16, 2008, the Defendant was sentenced to a fine of 700,000 won for the crime of violation of the Road Traffic Act in the Gwangju District Court’s net support on April 16, 2008, a fine of 2 million won for the same crime in the same court on May 30, 2012, and a suspended sentence of 1 year and 6 months for the same crime in the same court on November 1, 2012.

【Criminal Facts】

On June 3, 2016, the Defendant, while under the influence of alcohol on 0.093% of blood alcohol concentration, driven a B Ecoo vehicle from around about 300 meters from the front of the ecoo restaurant located in the original Yeong-gun, Bosung-gun, Bosung-gun to the front road of the luminous power located in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Previous records of judgment: Application of inquiries, such as criminal records, investigation reports (a summary order of the same kind of power and attachment of a copy of judgment);

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. General circumstances, such as the fact that probation and order to attend a lecture, the fact that there are several same kinds of records for sentencing reasons under Article 62-2 of the Criminal Act, the fact that the defendant recognizes the crime and reflects the defendant, and that the distance of operation seems to have disposed of the vehicle operated without the way;

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