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(영문) 광주지방법원 순천지원 2016.07.27 2016고단271
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

[2] On February 22, 2007, the Defendant received a summary order of KRW 1 million as a fine of KRW 3.5 million as an offense of violation of road traffic law in the Gwangju District Court’s net support, and on February 8, 2011, the above court received a fine of KRW 3.5 million as the same offense.

[2] On February 22, 2016, the Defendant driven a B-hand motor vehicle with alcohol concentration of about 0.073% in blood at a section of approximately 1 km to the front road of the same city starting from the Southern-do restaurant located in Ansan-si, Annsan-dong on February 22, 2016 to the front road of the same city.

Summary of Evidence

A previous conviction of the defendant's legal statement, a statement report on the circumstances of the driver who is placed in driving, or a previous conviction of the control of drinking: Application of the Act and subordinate statutes of inquiry, such as criminal history, and investigation reports (two times the punishment

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

3. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (2) of the Criminal Act on the grounds that the defendant has been punished by a fine for drinking alcohol driving twice, but considering the fact that the defendant reflects his/her wrongness,

4. The community service order under Article 62-2 of the Criminal Act;

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