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(영문) 광주지방법원 장흥지원 2018.01.25 2017고단196

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 September 14, 2017, while under the influence of alcohol 0.168% during blood transfusion, the Defendant driven B Poter cargo at a section of about 3 km from the front of a mutual influence restaurant located in the south Jinjin-gun Doamam in the south Jin-gun Doam, to the front of the intersection of the Doam in the south Jin-gun Doam.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of drinking control results, and application of the Acts and subordinate statutes of a response request for appraisal;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. In full view of the elements of sentencing under Article 62-2 of the Criminal Act, and the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of sentencing as indicated in the pleadings, such as the circumstances before and after the commission of the crime, the sentence shall be determined as ordered.

favorable sentencing factors: The defendant recognized his mistake and reflected his mistake.

An unfavorable sentencing factor: 3 times prior to driving of alcohol, 5 times prior to driving without a license, and the driving of alcohol is a serious risk factor threatening the safety of the general public, and the need for strict punishment is high.