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(영문) 광주지방법원 2018.04.17 2018고단705

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 15, 2008, the Defendant received a summary order of one million won or more due to a violation of the Road Traffic Act (drinking driving), and a summary order of two million won or more due to a violation of the Road Traffic Act from the Gwangju District Court on August 6, 2012, respectively.

On February 26, 2018, the Defendant driven B truck from the front day of the funeral ceremony located in the Simsan War Prisoners in the state of alcohol of 0.062% of alcohol concentration among the blood transfusion around 23:13, the Defendant driven B truck from the front day of the funeral hall in the Simsan City to the front day of the horse of the Gam-ro in the Simn city of Naju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs photographs, such as control places;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous conviction: Inquiry about criminal history and application of summary order-related Acts and subordinate statutes;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable condition: The Defendant committed the instant crime even though he/she was punished as stated in the judgment that he/she was driving under drinking.

(b) favorable conditions: The defendant's recognition of the crime of this case and reflects his mistake, and there is no record of punishment exceeding the fine;

C. The Defendant’s punishment was determined in consideration of the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, which were revealed in the records of the instant case.