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(영문) 광주지방법원 2017.05.11 2016고단6006

도로교통법위반(음주운전)

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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 January 11, 2013, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act at the Gwangju District Court, and a summary order of KRW 2 million as a crime of violating the Road Traffic Act in the same court on October 24, 2014, respectively.

On December 7, 2016, at around 22:30, the Defendant driven B Poter II truck under the influence of alcohol content of approximately 0.073% at a section of about 2km from the front of the mutual infrigerite apartment near Heung-gu, Gwangju Metropolitan City to the southwest-gu, the northwest-gu, the northwest-gu, and the northwest-gu, the northwest-gu.

Accordingly, the Defendant, who was under the influence of alcohol not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (report on filing of summary orders for drinking driving);

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. The Defendant’s reasons for sentencing under Article 62-2 of the Social Service Order and Order to Attend Education Act, Article 59 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection, etc., reflects his mistake, and the Defendant has no record of crime, such as the Defendant’s age, sexual conduct, environment, circumstances before and after the crime, and other various sentencing conditions indicated in the records of the instant case, including the fact that there was no record of crime other than two times of fines due to drinking driving.