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(영문) 광주지방법원 순천지원 2016.08.31 2016고단609
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 history] On April 18, 2007, the Defendant was sentenced to a suspended sentence of one year and two months for a violation of road traffic law in the Gwangju District Court's net support, etc., and was sentenced to a fine of five million won for the same crime in the same court on August 13, 2013.

[Criminal facts] On March 27, 2016, the Defendant driven C Coindo-Ban Trade Cargo Vehicles with approximately 0.166% alcohol concentration in approximately 300 meters from the front 108-dong-dong-dong-dong 108-dong-dong 108-dong-dong 2-dong-dong-dong 2-dong 300 meters from the front Do to the front road of the non-wing-ro 90-ro 2-dong 300 meters.

Summary of Evidence

A previous conviction of the defendant's legal statement, a report on the state of driving under the influence of alcohol and a report on the result of the crackdown on driving under the influence of alcohol: Application of 2 copies of the judgment

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

3. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2009

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

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