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(영문) 광주지방법원 2017.04.20 2017고단11

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 December 23, 2016, while under the influence of alcohol content of 02:20% among blood transfusion, the Defendant driven a DNA vehicle from the roads near the trade name in the Seo-gu, Seo-gu, Gwangju to the roads located in the Seo-gu, Seo-gu, Gwangju to the 41th coefficient, Seo-gu, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order and Order to Attend Education Act, Article 59 of the Act on the Observation, etc. of Protection, etc. is that the Defendant was punished five times due to drinking driving, and was sentenced to a sentence in 2007, but again committed the instant crime. Therefore, the Defendant’s nature is bad.

However, considering the defendant's age, sex, environment, circumstances before and after the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, such as the fact that the defendant did not repeat because of his mistake, the punishment against the defendant was determined.