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(영문) 광주지방법원 해남지원 2018.06.07 2017고단387

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On August 25, 2006, the Defendant received a summary order of KRW 1.5 million for a crime of violating road traffic law in the support of the Gwangju metropolitan District Court on August 25, 2006, and a summary order of KRW 1 million for the same crime in the same court on September 25, 2009, and was sentenced to a fine of KRW 3 million for the same crime in the Gwangju metropolitan District Court on January 20, 201.

[2] Although Defendant 1 had been punished twice or more due to drinking driving, Defendant 2 driven a F Poter vehicle at approximately 6 km from the front road of the Seocho-gun in front of the 36th century in front of the new agricultural village in the front of the 36th century, under the influence of alcohol content at around 05:37 on September 25, 2017, while under the influence of alcohol content at 0.109%, Defendant 2 driven a F Poter vehicle at around 6 km in front of the elementary village in the same face.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver who is placed in driving, report on the circumstances of the driver who is placed in driving, and inquiry into the results of regulating drinking;

1. On-site photographs;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, a copy of summary order, and a copy of the judgment, one copy of the judgment;

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;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing of Article 62-2 of the Criminal Act is that the driving of an order to provide community service and attend lectures places a heavy risk to a large number of people.

The defendant has been punished for the same crime, and the crime of this case was committed even during the period of suspended execution due to the crime of this kind.

In light of the fact that the Defendant, at the time of committing the instant crime, was able to set up a motor vehicle rhym in the direction of running beyond the center line, etc., the Defendant seems to have been in difficult condition at the time of committing the instant crime.

It is necessary to punish the defendant strictly.

On the other hand, however, the fact that the defendant acknowledges and reflects all of the mistakes, and the same crime is punished exceeding the fine.