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(영문) 광주지방법원 2017.05.18 2017고단449

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 August 14, 2015, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (drinking driving) at the Jeonju District Court’s Eup branch on August 14, 2015, and the said summary order was finalized on August 29 of the same year. On August 17, 2016, the Defendant issued a summary order of KRW 3 million by the Gwangju District Court for a violation of the Road Traffic Act (drinking driving), and on August 26, 2016, issued a summary order of KRW 3 million by the Gwangju District Court for a violation of the Road Traffic Act on at least two occasions.

On December 24, 2016, the Defendant driven a B Belgium car with approximately 200 meters alcohol content 0.125% while under the influence of alcohol, from the front of the French-gu Non-cafeteria cafeteria to the front road of the pinned in the same Dong-gu, Daegu-gu, the Defendant driven a B Belgium car with alcohol content 0.125%.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of the driver involved in driving, making a report on detection of the driver involved in driving, and making inquiries about the results of regulating drinking;

1. Application of Acts and subordinate statutes to written appraisal;

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.