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(영문) 광주지방법원 2018.04.24 2018고단389

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 15, 2011, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and on June 11, 201, the Defendant was sentenced to a summary order of KRW 2 million for the same crime at the same court on June 11, 2014, and on November 5, 201, by the same court on November 5, 201, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act.

On January 21, 2018, at around 07:30, the Defendant driven DK7 automobiles under the influence of alcohol leveling 0.081% from the 700-meter section to the 6rd apartment road in the Suwon Mine-gu, Gwangju Metropolitan City to the 0.081% water level from the 700-meter section in front of the 6rd apartment in the water zone in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Previous convictions: References to inquiries, such as criminal history, summary order, and application of the text of the judgment;

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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

(a) favorable condition: The defendant reflects his mistake while recognizing the crime of this case;

B. Unfavorable conditions: The Defendant was punished three times as in all the judgment that was held as drinking driving prior to the instant case, and was sentenced to a suspended sentence of imprisonment in 2014, and subsequently committed the instant crime without being aware of it; etc.

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.