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(영문) 광주지방법원 2018.06.05 2018고단405

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 December 29, 2006, the Defendant was issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the Jeju District Court, and KRW 4 million as a fine at the Gwangju District Court on January 31, 2013.

On January 10, 2018, the Defendant, one of the agricultural cooperatives located in Gwangju mine around 19:30, driving a Category B car in the state of alcohol concentration of approximately 0.081% in blood on the front side of the club from around 2km to the roads in front of the falling-dong in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on the detection of a primary driver;

1. Inquiries about the results of crackdown on drinking driving;

1. A written appraisal of alcohol during blood;

1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;

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 Conditions: The Defendant committed the instant crime even if he/she was punished twice as stated in the judgment on drinking driving, and the Defendant was sentenced to imprisonment with prison labor for four months at the Gwangju District Court on May 18, 2017 and the above judgment was finalized on May 26, 2017. The Defendant again committed the instant crime without being aware of it during the suspension period of the execution of the above judgment.

(b) favorable condition: The defendant's acknowledgement of the crime of this case and reflects his mistake;

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.