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(영문) 광주지방법원 2016.09.29 2016고단2641
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

On April 9, 2012, the Defendant was issued a summary order of KRW 3.5 million by the Gwangju District Court for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 3 million by the same court on October 26, 2014.

On June 20, 2016, under the influence of alcohol level of 0.107% among blood transfusion around 00:10, the Defendant driven Bol-do car at approximately approximately 60 meters from the roads on which the New-dong, Gwangju Mine Office 130 meters away from the roads on which the same water level is applied to the complete energy front road of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

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 concerning the facts constituting an offense;

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. The fact that there exists a history of punishment several times due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act: Provided, That there is no criminal conviction heavier than fines, and all of the sentencing conditions shown in the arguments of this case, including the defendant's age, sex, environment, circumstances of the crime, and circumstances after the crime, etc., 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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