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(영문) 광주지방법원 2016.11.24 2016고단3593
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for eight 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

[Criminal Power] On January 29, 2010, the Defendant issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Gwangju District Court and KRW 4 million as a fine in the same court on September 6, 2012.

【Criminal Facts】

At around 03:00 on August 10, 2016, the Defendant driven CK9 car at approximately 1km from the front side of the entrance of a flusium in Geum-dong, Seo-gu, Gwangju to the entrance of the Seo-gu Culture Center located in the same Dong, while under the influence of alcohol by 0.142% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the drinking driver and the blood alcohol appraisal report;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (a copy of summary order);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose 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, including the Defendant’s age, character and conduct, environment, circumstances after the crime, etc., the sentence shall be determined as ordered, taking into account the following factors: (a) the fact that there exists a history of punishment several times due to the reasons of sentencing under Article 62-2 of the Criminal Act; (b) the blood alcohol concentration is higher than the fine; and (c) the Defendant’s age

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

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