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(영문) 광주지방법원 2016.11.24 2016고단3896
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for four months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On August 23, 2016, at around 02:00, the Defendant operated B car under the influence of alcohol content of approximately 0.141% from a section of approximately 100 meters, from the front day of the mutual influorial House located in Gwangju Northernbuk-gu to the entrance of the American apartment located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the survey report on actual conditions, report on detection of a user of alcoholic beverages, and report on the circumstantial statement of a user of alcoholic beverages;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects 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. In full view of all the sentencing conditions shown in the pleadings of this case, such as the fact that there exists a history of punishment several times due to the driving under influence of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the fact that blood alcohol level is high, the fact that there is no criminal record heavier than the fine, the defendant's age, character and behavior, environment, circumstances of the crime and circumstances after the crime, etc., the punishment

(The sentencing criteria shall not apply to crimes whose sentencing criteria have not been set).

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