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(영문) 광주지방법원 2017.07.13 2017고단2039

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 June 4, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and KRW 2 million for a crime of violating the Road Traffic Act at the same court on April 14, 2014, respectively.

[2] On April 27, 2017, around 00:08, the Defendant driven a motor vehicle from approximately 50 meters away from the 0.140% alcohol concentration in blood to the 0.140% under the influence of alcohol on the road in front of a mutually in the Seo-gu Standing District of Gwangju, Seo-gu, Gwangju, to the blind-ro in Seo-gu, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (report on the situation of the driver in charge); and

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 factors indicated in the arguments of this case, including the fact that there was a history of punishment twice due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, however, there is no record of crime exceeding fines, the fact that there is no record of crime, the degree of alcohol during blood transfusion, driving distance, the defendant's age, sexual behavior, environment, circumstances of crime, etc., the punishment as ordered shall be determined as per Disposition.