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(영문) 광주지방법원 2018.02.08 2017고단5426
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 March 19, 2013, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and a summary order of KRW 3 million for the same crime at the same court on April 30, 2013, respectively.

[2] On November 22, 2017, the Defendant driven D xG car under the influence of alcohol content of about 0.125% from the 1km section of approximately 1 km to the front of the 637-ro of the same Gu, from the road in the Yangsan-dong of Gwangju, the Defendant driven D xG car under the influence of alcohol content of about 0.125%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. An explanatory note;

1. Investigation report (report on the situation of the driver in charge); and

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 facts that there was three times of 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 fines, reflects the fact that there is no record of crime, alcohol concentration in blood, driving distance, the defendant's age, sexual behavior, environment, circumstances of crime, etc., and all of the sentencing conditions shown in the arguments of this case, including the crime, the punishment as ordered shall be determined.

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