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(영문) 광주지방법원 2016.04.07 2016고단496
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 March 6, 2009, the Defendant received a summary order of KRW 700,000,000 as a fine for a crime of violating the Road Traffic Act (drinking) at the Gwangju District Court on March 6, 200 and KRW 1 million as a fine in the same court on October 22, 2010.

[Criminal facts]

1. On January 26, 2016, the Defendant, while under the influence of alcohol at around 23:25 on January 26, 2016, driven a B-type car at the section of approximately 1.5 km from the road located in the south-dong of Gwangju Mine-gu, Gwangju, to the road located in 24 in front of the ordinary funeral hall, as in the same Gu.

2. On January 27, 2016, the Defendant, while under the influence of alcohol content of around 06:15 on January 27, 2016, operated the automobiles listed in paragraph (1) at the section of about 10km from around the restaurant before the restaurant, he was aware of the name in the way of injecting Nam-gu, Gwangju, Nam-gu, Busan, to the mountain month in the Dong-gu, Chungcheongnamnam Highway.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of each driving driver, and inquiring about the results of regulating drinking driving;

1. Previous conviction: Inquiry about criminal history and application of summary order-related Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, and the choice of a penalty;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 addition, even though it was controlled by drinking driving under Article 62-2 of the Criminal Act on the grounds of sentencing under Article 62-2 of the Criminal Act, a person who was ordered to provide community service and attend lectures was under the influence of drinking under Article 62-2

There is a history of punishment for drinking driving.

However, there shall be no criminal records exceeding a fine.

In addition, taking into account all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, background of the crime, circumstances after the crime, etc., the punishment shall be determined as ordered (the sentencing criteria shall not apply to a crime for which no sentencing guidelines have been set).

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