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(영문) 광주지방법원 순천지원 2016.08.31 2016고단596
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

[criminal history] On May 10, 2010, the Defendant had a record of being sentenced to a fine of one million won for a crime of violating road traffic law in the Gwangju District Court's net support on May 10, 201 and a summary order of two million won for the same crime in the above court on March 25, 2013.

[Criminal facts] On April 11, 2016, the Defendant driven a vehicle B with low alcohol content of 0.08% under the influence of alcohol at a section of approximately 100 meters away from the Do in front of her flass, to the road front of the same flass. In addition, the Defendant driven a vehicle B with low alcohol content of 0.08% under the influence of alcohol.

Summary of Evidence

A previous conviction in the judgment of the defendant's legal statement, a report on the driving of drinking alcohol, and a previous conviction in the judgment: Application of each one of the above-mentioned Acts and subordinate statutes, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

3. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1248, Apr. 2, 2011);

4. The community service order under Article 62-2 of the Criminal Act;

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