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(영문) 광주지방법원 2018.02.27 2017고단5740
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 August 11, 2017, the Defendant was issued a summary order of 1.5 million won for a crime of violating the Road Traffic Act at the Gwangju District Court, and issued a summary order of 2.5 million won for a fine in the same court on December 19, 2017.

On November 29, 2017, around 13:23, the Defendant driven a E rocketing car in the state of alcohol alcohol concentration of about 0.080% from the 1km section from the front of Gwangju Northern-gu B to the front of the Drash store located in Gwangju Northern-gu C.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

1. Previous conviction: Application of a written inquiry and a summary order, 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. 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 committed the instant crime even if he/she was punished for the same offense as that of all his/her judgment on drinking, and 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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