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(영문) 광주지방법원 2016.08.18 2016고단1958
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 November 27, 2013, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Gwangju District Court on November 27, 2013 and KRW 5 million for a crime of violating the Road Traffic Act.

On April 12, 2016, at around 22:40, the Defendant driven a B-car under the influence of alcohol content of approximately 0.147% from the 7km section of blood, from the street in front of the tea restaurant in the Seo-gu Seo-gu, Gwangju to the 2nd circulation of the same Gu, from the 7km section of the Sodukuk TG in the same 2nd circulation 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: The application of Acts and subordinate statutes of inquiry about criminal history and investigation report (a copy of summary order);

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. In full view of all the sentencing conditions shown in the pleadings of the instant case, such as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, etc., the sentence shall be determined as ordered (the sentencing criteria shall not apply to a crime for which no sentencing guidelines have been set) by comprehensively taking account of the following: (a) the fact that there was a history of punishment twice due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act; (b) the blood alcohol concentration is higher; (c) the fact that there was no criminal record heavier than

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