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(영문) 광주지방법원 2017.11.30 2017고단4490

도로교통법위반(음주운전)

Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] On July 30, 2013, the Defendant issued a summary order of KRW 4.5 million to a fine for a violation of the Road Traffic Act at the Gwangju District Court on July 30, 201, and a fine of KRW 2 million to a crime of violation of the Road Traffic Act at the same court on November 3, 2011.

[Criminal facts] On October 5, 2017, the Defendant driven a dry-gu apartment located in the monthly dong of Gwangju Mine-gu around 21:59, with approximately 7 km section from the Gflasx to the Gflasx road located in 10 days in Gwangju Northern-gu, the Defendant driven C low-priced typ vehicles while under the influence of alcohol content of about 0.173% from the 7km section to the Gflasx, located in 10 days in Gwangju Northern-gu.

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

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 stay of execution (The following factors shall be considered as favorable to the punishment):

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, comprehensively taking account of all the sentencing conditions in the instant case, including the following circumstances and the Defendant’s age, sex, environment, background and result of the instant crime, and the circumstances after the instant crime, the sentence as ordered shall be determined.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The defendant does not commit a second offense.

There is a family member to support the defendant.

D. Unfavorable circumstances: The defendant's blood alcohol concentration is high and the crime of this case is repeated even though he/she had been punished twice due to drinking driving.

Considering the risk of accidents caused by drinking driving, strict punishment is needed for these crimes.