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(영문) 광주지방법원 2017.04.20 2016고단5192

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 February 20, 2012, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Busan District Court on February 20, 201, and a fine of one million won for the same crime at the Gwangju District Court on December 5, 2014.

On October 31, 2016, at around 03:35, the Defendant driven a rash car owned by the Defendant in the state of alcohol alcohol concentration of about 0.122% from the 500-meter section from the front day of the Gaina in the Seo-gu, Seo-gu, Seo-gu, Gwangju to the front day of the rectangular distance in the Seo-gu, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The point of judgment: The application of a reply letter to inquiries, 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 all the sentencing conditions indicated in the instant arguments, including the following: (a) the fact that there was a record of two times punishment due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act; (b) the fact that there was no record of crime exceeding fines; (c) the blood alcohol concentration; and (d) the Defendant’s age, sex, environment, circumstances of crime, and circumstances after the crime, etc., the punishment as set forth in the text shall be determined.