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(영문) 광주지방법원 2017.04.20 2016고단6022
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 27, 2006, the Defendant received a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act from the Gwangju District Court, and on May 3, 201, the same court issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act.

On December 20, 2016, at around 20:23, the Defendant driven B Bter-II cargo under the influence of alcohol content of about 0.113% from the section of approximately 6km from the 6km away from the cambed cafeteria, which was located in the mix of the Gero-gun, the Gero-gun, the Gero-gun, the Gero-gun, the Gero-gun, the Gero-type, the Gero-type, the Gero-type, the Gero-type.

Accordingly, the Defendant, who was under the influence of alcohol not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);

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 Defendant’s reasons for sentencing under Article 62-2 of the Social Service Order and Order to Attend Education Act, Article 59 of the Criminal Act, and Article 62-2 of the Act on the Observation, etc. of Protection, etc., reflects his/her mistake, and the Defendant was sentenced to punishment for the Defendant by taking account of the Defendant’s age, sexual behavior, environment, circumstances before and after the crime, and other various sentencing conditions indicated in the records of this case, including the fact that the Defendant has no record of crime beyond the suspension of execution, in addition to two times of fines

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