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(영문) 광주지방법원 2018.05.08 2018고단749
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 12, 2016, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and on March 4, 2016, issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Gwangju District Court.

On February 14, 2018, at around 00:57, the Defendant driven B K7 car under the influence of alcohol content of approximately 0.090% in a section of approximately 800 meters from the Gu viewing distance near the Dong-dong mine in Gwangju-gu to the roads in front of the Dong-dong, Dong-dong, Gwangju-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. Previous conviction: Inquiry about criminal history and application of summary order-related Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable conditions: The Defendant committed the instant crime even if he/she was punished as stated in the judgment on drinking, and was sentenced to a suspended sentence for four months due to injury at the Gwangju District Court on June 30, 2016, and committed the instant crime during the suspended sentence period, which became final and conclusive on April 13, 2017.

(b) favorable conditions: The fact that the defendant recognizes the crime of this case and reflects his mistake, and that there is no record of punishment exceeding the fine due to drinking driving, etc.

C. The Defendant’s punishment was determined in consideration of the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, which were revealed in the records of the instant case.

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