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(영문) 광주지방법원 장흥지원 2018.04.19 2018고단21

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 October 5, 2010, the Defendant was sentenced to a fine of 2.5 million won due to a violation of road traffic law (driving), etc. in the support of the Daejeon District Court on the Incheon District Court on the following grounds: (a) on September 21, 2012, the Defendant was issued a summary order of 3.5 million won due to the same crime in the support for the promotion of the head of the Gwangju District Court on the same day; and (b) on two or more occasions, the Defendant

around 00:00 on January 25, 2018, the Defendant driven B car with alcohol content of approximately 0.098% in the section of about 15km from the front of the Gangseo-gu Senior Welfare Center for the Aged, Gangnam-gu, Seoul Special Metropolitan City, the Seoul Special Metropolitan City, to the front of the road of the Gangseo-gu Senior Welfare Center for the Aged, the Seoul Special Metropolitan City, Seoul Special Metropolitan City, to the front of the 1-lane 15km-dong, Seoul Special Metropolitan City, the Defendant driven B car with alcohol content of about 0.098% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge) and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (in addition, such as a copy of the text of the judgment, and the list of evidence No. 12,13);

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. 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. In full view of the elements of sentencing under Article 62-2 of the Criminal Act, and the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of sentencing as indicated in the pleadings, such as the circumstances before and after the commission of the crime, the sentence shall be determined as ordered.

Corresponding factors: The fact that the defendant acknowledges and reflects his mistake, and there is no criminal punishment exceeding the fine.

An unfavorable sentencing factor: A criminal record of the same kind is two times, and a drinking driving is increasing the risk of a traffic accident of the general public, and thus there is a high need for punishment.