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(영문) 광주지방법원 2015.06.04 2015고단824

도로교통법위반(음주운전)

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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 April 20, 2007, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and KRW 3 million as a fine for a violation of the Road Traffic Act in the Gwangju District Court's net support on April 8, 2013.

On March 10, 2015, at around 22:42, the Defendant driven CNAS car at approximately 50 meters away from the 50-meter section, which was under the influence of alcohol concentration of 0.157%, to the front road of Suwon Hospital, located in Suwon-gu, Gwangju Metropolitan City, to the front road of Suwon Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records before ruling: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (report on the binding of relevant written judgments);

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures has already been punished three times due to drunk driving, and the drinking driving again was conducted, and the blood alcohol concentration is also high.

However, the defendant again does not drive under the influence of alcohol, and the distance of driving is not driving.

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.