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(영문) 광주지방법원 2016.06.30 2016고단1358
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On May 8, 2012, the Defendant violated Article 44(1) of the Road Traffic Act at the Gwangju District Court on the following grounds: (a) the Defendant received a fine of KRW 1.5 million for a crime of violating the Road Traffic Act; and (b) the same court issued a summary order of KRW 5 million for the same crime on November 26, 2014; and (c) the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

In addition, on November 26, 2015, the Defendant was sentenced to four months of imprisonment due to a violation of road traffic law (unlicensed driving), etc. in the same court, and released on February 16, 2016 and terminated the execution of the sentence on March 11, 2016 after the cancellation of detention.

[Criminal facts] On April 5, 2016, the Defendant driven Cone Star Doz vehicles under the influence of alcohol content of about 0.089% from about 1 km section to the road front of the restaurant for Nasi-dong, a Gosi Park Park that is located in Nasi-dong in Nasi-si, Samsi-si, Pasi-dong on April 5, 2016, in the state of under the influence of alcohol content of about 0.089%.

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. Previous convictions in judgment: Inquiry about criminal history, application of the Acts and subordinate statutes concerning personal identification and confinement;

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 35 of the Criminal Act for aggravated repeated crimes;

1. The sentence of a sentence is inevitable in light of the unfavorable circumstances, such as the fact that the person committed the instant crime without being aware of the fact that he/she had been sentenced several times due to driving of drinking alcohol for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, and that he/she committed the instant crime without being aware of the fact that he/she committed the instant crime while

However, the fact that the crime of this case is against the law, and the fact that the crime of this case does not lead to a traffic accident shall be considered as favorable circumstances.

In addition, comprehensively taking into account all the sentencing conditions shown in the arguments of this case, such as the defendant's age, sex, environment, background of the crime, circumstances after the crime, etc., the punishment shall be determined as ordered (the sentencing criteria shall not apply to a crime for which no sentencing guidelines have been set).

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