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(영문) 광주지방법원 2017.05.11 2017고단180
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

[criminal history] On February 1, 201, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court on February 1, 201, and a summary order of KRW 2 million for the same crime at the same court on April 3, 2012, respectively.

[2] On December 30, 2016, the Defendant driven BM car under the influence of alcohol content of about 0.134% from the 4km section from the main road located in the Newdong of Gwangju Mine-gu to the full-time funeral hall road located in 24 meters in the same Gu, as the Defendant was under the influence of alcohol content of about 0.134%.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

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 the fact that there was a record of three times punishment due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, however, there is no record of crime exceeding the fine with respect to traffic crimes, the degree of alcohol in blood, driving distance, the defendant's age, sexual behavior, environment, circumstances after the crime, etc., the punishment as ordered shall be determined as stated in the arguments of this case, including the following:

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