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(영문) 광주지방법원 2018.07.17 2018고단2013

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 16, 2012, the Defendant was sentenced to a suspended sentence of five months for a crime of violating the Road Traffic Act at the Gwangju District Court on February 16, 2012, and was sentenced to a summary order of three million won for the same crime at the same court on January 17, 2017.

On May 23, 2018, the Defendant driven B mother-free cars with approximately 25km alcohol concentration of 0.122% from the 25km section from the day before the island funeral parking lot located in the Southern-gun, Seo-gu, Gwangju, to the day before the coefficient in the 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. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes, such as a written inquiry about criminal history and text of judgment;

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

(a) favorable condition: The defendant reflects his mistake while recognizing the crime of this case;

B. Unfavorable condition: The Defendant was punished twice as a drinking driver prior to the instant case; the Defendant committed the instant crime without being aware of the fact that he was sentenced to a suspended sentence of imprisonment due to drinking or non-licensed driving in 2012, as seen in the previous record of the judgment; and the Defendant had a high alcohol concentration in blood.

C. The Defendant’s punishment was determined by taking account of various sentencing conditions prescribed in Article 51 of the Criminal Act, which are shown in the Defendant’s age, sex, environment, and other records of this case.