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(영문) 광주지방법원 2018.03.20 2018고단234

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 12, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Gwangju District Court on March 12, 2010, and a summary order of 2.5 million won for a violation of the Road Traffic Act (driving), etc. at the same court on July 2, 2010, respectively. On August 28, 2014, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (driving).

On November 3, 2017, the Defendant, while under the influence of alcohol leveling 0.172% among the blood alcohol leveling around 21:30, 2017, 35-14, the Defendant driven a motor vehicle with B-Wood-Wood from around 61 in the same way from the front of the restaurant to the road located in the same way.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, reports on investigation (the same type of previous convictions and judgments, etc.);

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.