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(영문) 광주지방법원 2017.11.14 2017고단4167
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 10, 2017, while under the influence of alcohol 0.201% during blood transfusion, the Defendant driven the said vehicle from a mutual influorial restaurant located in the Southern-gu, Gwangju-gu to the 5-1-way street of about 7 meters from the 193-3-gil, as the same Gudaenam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. On-site photographs;

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

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

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's blood alcohol concentration was very high at the time of driving alcohol; the defendant was punished for driving alcohol in 2012; and the defendant eventually causes a traffic accident while driving alcohol, 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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