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(영문) 광주지방법원 2017.07.20 2017고단2291

도로교통법위반(음주운전)

Text

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

On October 19, 2007, the Defendant received a summary order of KRW 700,000 from the Gwangju District Court to a fine of KRW 100,00 as a crime of violating the Road Traffic Act, and on January 31, 2012, the Defendant received a summary order of KRW 3.5 million as a fine by the same court.

On May 23, 2017, the Defendant: (a) was a transferee, who was in front of a hotel located in the monthly Dondong of Gwangju Mine, and was under the influence of alcohol with approximately 800 meters alcohol concentration of at least 0.156% in blood, from the 800m section to the apartment road in front of the apartment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. An explanatory note;

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. In full view of the facts that there was three times of punishment due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, however, there is no record of crime exceeding fines, reflects the fact that there is no record of crime, alcohol concentration in blood, driving distance, the defendant's age, sexual behavior, environment, circumstances of crime, etc., and all of the sentencing conditions shown in the arguments of this case, including the crime, the punishment as ordered shall be determined.