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(영문) 광주지방법원 2016.10.27 2016고단3195
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 of the final judgment.

Reasons

Punishment of the crime

On November 17, 2008, the Defendant was sentenced to a fine of one million won for a crime of violation of the Road Traffic Act at the Gwangju District Court on November 17, 2008, and was sentenced to a fine of two million won by the said court on July 13, 2012.

Nevertheless, at around 14:43 on July 17, 2016, the Defendant driven a B-ro car in the state of alcohol alcohol concentration of about 0.138% at the section of approximately 2 km in front of the original cancer village located in the same side from the road located in the area of the Yellow Dom-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. A performance-based driver report and requests for appraisal;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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 sentencing period of Article 62-2 of the Criminal Act includes the defendant's records of the punishment for drunk driving (the period from 2003 to 2012 shall be subject to three times as drinking driving), driving distance, blood alcohol concentration, the defendant's age, character and conduct, environment, health conditions, circumstances after the crime, etc., and all of the sentencing conditions shown in the arguments of this case, including the defendant's age, character and behavior, environment, health conditions, circumstances after the crime, etc., shall be determined as ordered

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