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(영문) 광주지방법원 2017.08.10 2017고단1991
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

On March 23, 2017, under the influence of alcohol content of 0.202% among blood transfusion around 18:10, the Defendant driven a Category B New Laol car from the section of approximately 400 meters from the 84 meters from the date before the modern comprehensive building re-road located in the route of cultural flow of Gwangju North-gu to the road of about 195, Gwangju Northern-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. Application of Acts and subordinate statutes to a report on investigation (inspection of driving distance);

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (Selection of Imprisonment);

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 conditions: The Defendant again committed the instant crime even though he/she was punished twice in 2002 and 201 due to drinking driving, and the Defendant’s blood alcohol concentration was very high, etc.

(b) favorable conditions: The defendant's acknowledgement of the crime of this case and reflects his mistake, and there is no record of punishment of suspended execution or more;

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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