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(영문) 광주지방법원 2017.09.21 2017고단3246
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On September 25, 2009, the Defendant was issued a summary order of KRW 2,50,000 by the Gwangju District Court to a fine for a crime of violating the Road Traffic Act (drinking driving), and on April 15, 201, by the Gwangju District Court to a fine of KRW 2,50,000 for a crime of violating the Road Traffic Act (drinking driving).

[2] On July 12, 2017, around 11:00, the Defendant driven a car owned by the Defendant in the state of alcohol concentration of about 10 kilometers from the So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called "Sa-called "Sa-ri" to the front road of the So-called "Sa-ri" 10km at a 0.136% alcohol level in blood.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The point of judgment: The application of a reply letter to inquiries, such as criminal history;

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. In full view of all the sentencing conditions shown in the arguments of this case, such as the degree of alcohol alcohol, driving distance, driving distance, the defendant's age, environment, circumstances after the crime, etc., when comprehensively taking account of the following factors: (a) two times as a driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act; (b) one time as a result of the refusal to measure drinking; (c) there is no record of crime exceeding fines; (d) a vehicle has been disposed of with the intent not to drive again; and (e) a vehicle has been disposed of with the intention not to drive again; and (e) a punishment as ordered

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