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(영문) 광주지방법원 2018.01.23 2017고단5142

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for seven months.

Reasons

Punishment of the crime

[criminal history] On July 20, 2007, the Defendant was sentenced to a suspended sentence of two months for a crime of violating the Road Traffic Act at the Gwangju District Court. On June 1, 2012, the Defendant was sentenced to a summary order of four million won for a crime of violating the Road Traffic Act at the Gwangju District Court. On February 11, 2014, the Defendant was sentenced to a suspended sentence of one year for a crime of violating the Road Traffic Act at the Gwangju District Court, and on February 19, 2014, the Defendant was sentenced to a suspended sentence of three years for a crime of violating the Road Traffic Act at the Gwangju District Court on February 18, 2016 and was sentenced to six months for a suspended sentence, and the suspended sentence becomes final and conclusive on May 3, 2016, and the period of the suspended sentence became effective on March 30, 2017, and was paroled from a prison on June 15, 2017.

[2] On October 4, 2017, around 01:08, the Defendant driven the Defendant’s vehicle B, under the influence of alcohol leveling of about 0.083% from the 10km section of blood alcohol level to the roads prior to the construction of the 200-ton-ro, an educational ridge, where the name of the second apartment in the vicinity of the Yan-gun, Yan-gun, Yan-gun, Yan-gun, the U.S., at around 01:0, is unknown.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. An accident scene photograph;

1. A report on the detection of a primary driver;

1. Inquiries about the results of crackdown on drinking driving;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the text of the judgment and personal confinement status);

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

(a) favorable condition: The defendant reflects his mistake while recognizing the crime of this case;

B. Unfavorable conditions: the Defendant had a previous record of his judgment prior to the instant case.