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(영문) 광주지방법원 2017.07.20 2017고단2340

도로교통법위반(음주운전)

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The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 3, 2012, the Defendant was sentenced to a fine of five million won for a crime of violating the Road Traffic Act at the Gwangju District Court on September 3, 2012, and the same court on January 9, 2009 issued a summary order of one million won for a crime of violating the Road Traffic Act.

On May 24, 2017, the Defendant driven a C vehicle under the influence of alcohol leveling 0.111% from approximately 30 meters from the 30m section to the Hano Samsung Samsung Motor Vehicle’s front road located in the Gwangju Mine-gu, as it is the same Gucululg.

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 and notification of the completion of correction;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a copy of judgment on the same kind of force, etc.);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 stay of execution (The following factors shall be considered as favorable to the punishment):

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, comprehensively taking account of all the sentencing conditions in the instant case, including the following circumstances and the Defendant’s age, sex, environment, background and result of the instant crime, and the circumstances after the instant crime, the sentence as ordered shall be determined.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The defendant does not commit a second offense.

There is a family member to support the defendant.

D. Unfavorable circumstances: The defendant's blood alcohol concentration is considerably high, and the crime of this case is repeated despite the fact that he/she has been punished three times due to drinking driving.

Considering the risk of accidents caused by drinking driving, strict punishment is needed for these crimes.