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(영문) 광주지방법원 순천지원 2016.09.28 2016고단625
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 18, 2012, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution due to a violation of road traffic law in the Seongbuk-nam Support of the Suwon Friwon, etc. On December 10, 2008, the Defendant received a summary order of 1.5 million won of a fine from the Daejeon District Court on October 17, 201 due to the same crime in the Seoul Western District Court as a fine of 1 million won, 7 million won of a fine of 1.5 million won of a fine of 1.5 million won of a fine of violation of road traffic law (unlicensed driving) at the Daejeon District Court on October 17, 2011.

[Criminal facts] On April 5, 2016, the Defendant driven a CKan Corpon vehicle under the influence of alcohol content of about 0.092% at a section of about 100 meters from a public parking lot in front of a lush cafeteria, which is located in the Gambol-si, Gambol-si, Gambol-si, which is located in the same Dong from Apr. 5, 2016 to Hambol-si.

Summary of Evidence

A previous conviction in the judgment of the defendant's legal statement on the driving circumstances of the State or the driver's circumstantial statement: Application of a reply to inquiry, such as criminal history, text of the judgment, and summary order

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 suspension of execution;

4. The Defendant, on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, was sentenced to a suspended sentence in 2012 due to drinking driving, and was sentenced to a fine due to a licenseless driving, and was punished again, the Defendant was under the influence of drinking without being able to do so.

However, the punishment shall be determined in consideration of the fact that the defendant reflects the wrong, the fact that four years have passed since the defendant was punished for driving drinking, the age, sex, environment, etc. of the defendant.

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