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(영문) 광주지방법원 2017.06.22 2017고단1823

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 17, 2010, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act (dacting driving) in the Gwangju District Court's wooden branch on August 17, 201, and was sentenced to a suspended sentence of ten months for the same crime in the same court on July 18, 2013.

On April 25, 2017, the Defendant driven a B lus vehicle from the section of approximately 2 km to the front road of the subordinate golf course located in the Nasi-si innovation from the front of the Korean District Heating Corporation located in the Republic of Korea located in the city of Busan in the city of 0.058% of alcohol concentration among blood transfusion around 21:10, the Defendant driven a lusian vehicle from the section of approximately 2km to the front road of the subordinate golf course in the city of Nasi-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

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

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

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. 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 conditions: The Defendant had already been punished four times due to drinking, and was sentenced to a suspended sentence due to drinking driving in 2013, and the Defendant again committed the instant crime without being able to do so, etc.

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.