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(영문) 광주지방법원 2017.08.24 2016고단5321

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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

【The Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Gwangju District Court on August 8, 2011, and a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the same court on February 6, 2012.

【Criminal fact-finding on November 16, 2016, the Defendant driven a C Sspo-type car under the influence of alcohol content 0.251% from a section of approximately 1km alcohol content from the front of the “large house reduction,” a Suwon-dong, Gwangju Mine-gu, to the front of the Gwangju Mine-gu, 976-1 large-scale Hobland.

Accordingly, the Defendant, while under the influence of alcohol not less than twice, driven a motor vehicle again while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of traffic accident occurrence status of D or E prepared;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

1. On-site investigation photographs;

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

1. A medical certificate;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, 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. The reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant, even though he/she had the ability to drive two times of drinking, causes a traffic accident by driving another time, and that the amount of alcohol concentration in blood is very high, not the criminal liability.

However, in full view of the following facts: (a) there is a violation of the crime; (b) there is no record of crime other than fines due to two drinking driving; and (c) five years have passed since the time of punishment for the last drinking driving; and (d) all of the sentencing conditions specified in the arguments in this case, such as the Defendant’s age, sex, environment, circumstances after the crime, and circumstances after the crime, the punishment shall be determined as ordered.