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(영문) 광주지방법원 2017.08.10 2017고단2244

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 12, 2007, the Defendant was issued a summary order of 700,000 won of a fine for a crime of violating the Road Traffic Act at the Gwangju District Court, and on September 11, 2009, issued a summary order of 2.5 million won of a fine by the same court as the same crime.

On April 30, 2017, the Defendant driven a car B below 500 meters away from the roads near the Buddhist apartment located in the Seo-dong Standing District of Gwangju, Seo-gu to the blind road located in the same Dong, while under the influence of alcohol content of 0.076% among blood transfusions on April 30, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to the same summary order);

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 again committed the instant crime even though he was punished twice in 2007 and 2009 due to driving under drinking.

(b) favorable conditions: The defendant's acknowledgement of the crime of this case and reflects his mistake, and there is no record of punishment of suspended execution or more;

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.