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(영문) 광주지방법원 2016.11.10 2016고단3359

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On April 24, 2009, the defendant was sentenced to a fine of 1.5 million won for the crime of violation of the Road Traffic Act at the Gwangju District Court on April 24, 2009, and on September 5, 2013, the same court sentenced four months to imprisonment for the crime of violation of the Road Traffic Act, etc., and completed the execution of the sentence in the Gwangju Prison on December 31, 2013.

On August 8, 2016, at around 08:02, the Defendant driven a F-Hon vehicle at a section of about 500 meters from the Defendant’s residence in the Gero-gun C to the front road in D, while under the influence of alcohol of 0.096% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, correspondence records, personal confinement status, application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation was three times, including a punishment due to drunk driving, etc., and re-offending without being aware of the fact that the defendant was in the period of repeated crime due to drunk driving. Thus, the sentence of sentence on the defendant is inevitable.

In this normal relation, the sentencing conditions shown in the arguments of this case, such as driving distance, blood alcohol concentration, and other age, character, conduct, environment, health conditions, circumstances after the crime, etc., shall be comprehensively considered in determining the punishment as ordered.