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(영문) 광주지방법원 순천지원 2016.11.23 2016고단1889
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 power] On October 8, 2013, the Defendant issued a summary order of KRW 7 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act in the Gwangju District Court’s net support on September 10, 2010, a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving) in the Gwangju District Court’s net support on September 10, 2010, a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) from the Gwangju District Court’s net support on November 3, 2009, and a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Gwangju District Court’s net support on November 28, 2006.

【Criminal Facts】

On September 1, 2016, between 01:40 and 02:40 on September 1, 2016, the Defendant driven a B-typ car under the influence of alcohol content of 0.083% in the direction of alcohol alcohol content at approximately 50km from the roads before the front of the Mangyman in the Nam-dong, Nam-gu, Gwangju Metropolitan City to the Honam Highway (referred to as the point at which it is 30.8 km on the e.g., the e., the e., the e., the e., the e., the e., the e., the e.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting the results of crackdown on drinking driving, and notification of the results of crackdown on drinking driving;

1. Previous records of judgment: Application of inquiry reports and investigation reports (a copy of judgment, etc. attached) including criminal records, etc.;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. A punishment as ordered shall be determined by taking into account the favorable circumstances, such as the fact that there is a record of multiple times of punishment due to the same type of punishment under Article 62-2 of the Criminal Act, the fact that the defendant is recognized as a crime, the fact that the defendant has no record of being sentenced to suspended execution or more, the disposal of the vehicle operated, and other favorable conditions of sentencing.

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