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(영문) 광주지방법원 장흥지원 2018.10.25 2018고단165

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 8, 2008, the Defendant received a summary order of KRW 1 million as a crime of violating road traffic laws at the Seoul Central District Court on September 8, 2008, and a summary order of KRW 5 million as a fine in the Southern Sea Branch of Gwangju District Court on October 20, 2015.

around 16:10 on August 6, 2018, the Defendant driven a sports cargo vehicle B Coin with approximately 0.129% alcohol content in blood from around 9km to the 3410 knife road at the YYYYYYY YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY YYYYYYYYYYYYYYYYY YYYYYYYYYYYYYYY

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, notification of the results of crackdown on drinking driving, and photographs of the accident scene;

1. Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (a copy of the previous summary order attached thereto);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. To observe and observe protection and community service order Article 62-2 of the Criminal Act, the elements of sentencing under the grounds of sentencing, and other factors of sentencing, including the Defendant’s age, sex, environment, background, circumstances before and after the commission of the crime, and all the conditions of sentencing as shown in the records and arguments, such as the circumstances before and after the commission of the crime

favorable sentencing elements: The defendant recognizes his mistake and reflects his mistake, there is no record of criminal punishment more than imprisonment without prison labor, and the defendant is a basic living recipient.

An unfavorable sentencing element: The fact that there are three previous convictions in the same kind, the fact that alcohol concentration in the blood is relatively high, and the driving of alcohol is highly needed as an act of increasing the risk of general traffic.