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(영문) 광주지방법원 순천지원 2016.03.30 2015고단2044

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

[criminal history] On September 17, 2012, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act in the Gwangju District Court’s net support on September 17, 2012, and was issued a summary order of a fine of two million won for the same crime in the same court on February 10, 2015.

[Criminal facts] On October 4, 2015, the Defendant driven B-wing cargo vehicles with approximately 3.5km alcohol content 0.153% under the influence of alcohol while drunkly driving at around 23:57 at a distance of about 3.5km from the front side of the Plock road, which is located in the Glcheon-si, Gacheon-si, a D-si, to the front side of the dental department.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement on the circumstances of the driver involved in driving, report on collection of blood from drinking drivers, and response to requests for appraisal;

1. Inquiry into the details of alcohol appraisal and the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the same kind of force), and summary order-making statute;

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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is an unfavorable circumstance to the defendant, such as the fact that the defendant, even though having been punished twice or more due to drinking driving, once again drives drinking, and the nature of the crime is not good, and that the alcohol concentration in blood is considerably high.

However, in light of the circumstances favorable to the defendant, such as the confession and reflect of the crime of this case, the fact that there is no record of punishment heavier than a suspended sentence, etc., and the sentencing conditions indicated in the records, such as the age, sexual conduct, and circumstances after the crime, the punishment is determined as ordered.