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(영문) 광주지방법원 2017.05.18 2017고단500

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 November 13, 2009, the Defendant issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Gwangju District Court on November 13, 2009, and a summary order of three million won for a crime of violating the Road Traffic Act at the Gwangju District Court on January 21, 201.

On January 19, 2017, the Defendant driven B automobiles at 700 meters from the parking lot for senior citizens' health in the Southern-gu, Gwangju Metropolitan City to the front day of the second apartment road in the Nam-gu, Nam-gu, Gwangju, with alcohol content of 0.17% among blood transfusion around 22:43.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The point of previous convictions: A reply to inquiry, a criminal investigation report (Attachment to a summary order), and application of the summary order Acts and subordinate statutes;

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. Comprehensively taking into account all the sentencing conditions shown in the pleadings of the instant case, such as the fact that there was a history of being sentenced to a four-time fine due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the degree of alcohol during blood, driving distance, the Defendant’s age, sex, sex, environment, background of the crime, and circumstances after the crime, etc., the punishment as ordered shall be determined as set forth in the text.