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(영문) 광주지방법원 2013.12.23 2013고단4397

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On February 5, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Gwangju District Court on December 29, 2008, a fine of three million won for a violation of the Road Traffic Act (driving) at the Gwangju District Court on December 29, 2008, and a suspended sentence for two years for a violation of the Road Traffic Act (driving) at the Gwangju District Court on May 23, 2012.

【Criminal Facts】

On June 2, 2013, at around 08:35, the Defendant driven a DNA car under the influence of alcohol of 0.053% of alcohol content from the mutual French road located in the Yangsan-dong, Gwangju to the point of 32.6 km on the Gosong-do Highway 32.6 km (Fence).

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statute recorded in six parts of the judgment of the court, such as the control results of drinking driving, the report on the state of drinking drivers' statement, criminal records, etc.;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Although there are no circumstances to consider the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act with regard to the background of the instant crime and the taking-off of drinking alcohol, etc., the Defendant was punished four times for the same kind of crime, in particular, even though he/she was sentenced to a suspended sentence for the last ten years, and even if he/she was sentenced to a suspended sentence due to the last crime, repeated crimes during the suspended sentence is inevitable to impose the Defendant on his/her sentence.

The circumstances to be considered earlier were considered in determining specific sentences.