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(영문) 광주지방법원 2015.12.22 2015고단4465

도로교통법위반(음주운전)

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On November 4, 2015, at around 21:24, the Defendant was under the influence of alcohol with 0.216% of alcohol level 0.24%, and the Defendant was under the influence of 50% of blood alcohol level from the northwestwest-gu, Gwangju, 242-ro 50-ro, thereby driving Bropos-car from the smart front road to 3 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written reports on running a driver;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture, is that the defendant has already been punished four times due to drunk driving, and that blood alcohol concentration is very high, is disadvantageous.

On the other hand, it is favorable that the driving distance is short, and that the defendant is punished for drinking driving before 2009.

The punishment shall be determined as ordered in full view of all the sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, health condition, circumstances after the crime, and circumstances after the crime.