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(영문) 광주지방법원 2018.02.06 2017고단5320
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

The Defendant was issued a summary order of KRW 700,000 at the Gwangju District Court on December 12, 2008, a summary order of KRW 1.5 million on June 26, 2009 at the Jeonju District Court, and a summary order of KRW 5 million at the Gwangju District Court on February 27, 2013, respectively.

On November 10, 2017, the Defendant driven B automobiles at the section of about 600 meters from the front of the marsan-dong of Gwangju Northern-dong to the front of the 1059 mix, as the Defendant was under the influence of alcohol content of 0.073% during blood transfusion at around 22:30%.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Previous convictions in judgment: Application of written inquiries about criminal history and other 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 condition: The Defendant committed the instant crime even though he/she was punished for the same offense as that of his/her judgment on driving alcohol.

(b) favorable conditions: The defendant's acknowledgement of the crime of this case against his mistake, and the fact that he has no record of punishment heavier than the suspension of execution 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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