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(영문) 광주지방법원 장흥지원 2017.09.21 2017고단140
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2, 2008, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 2.5 million for a fine for the same crime in the same court on July 27, 2010, and a summary order of KRW 7 million for a fine on December 5, 2014 for a crime of violating the Road Traffic Act (drinking driving) in the field of interest support by the head of the Gwangju District Court on December 5, 2014, respectively.

On July 7, 2017, around 19:25, the Defendant driven a CNDD car, under the influence of alcohol leveling of about 0.065% at approximately 2 km section, while under the influence of alcohol leveling to about 0.065% at the entrance of an educational village located in the same Eup/Myeon, located in the middle of the Gangseo-gu, Gangwon-do, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of a survey report on actual conditions and the results of regulating drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a copy of summary order accompanied by a copy of the summary order);

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. 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.

favorable sentencing factors: The defendant's mistake and reflects that he or she recognized his or her mistake, the alcohol concentration in blood is relatively high, and the history of criminal punishment by imprisonment without prison labor or heavier is one time, but is unfavorable sentencing factors that have been before 28 years: The same criminal record is five times.

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