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(영문) 광주지방법원 2017.11.14 2017고단3581
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 July 19, 2011, the Defendant issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Gwangju District Court, and on August 28, 2006, the same court issued a fine of three million won for a crime of violating the Road Traffic Act.

On July 30, 2017, at around 07:00, the Defendant driven Bone Starex vehicle under the influence of alcohol content of approximately 0.087% from the horses located in the 2amba-dong in Gwangju Northern-gu to the 1.5km-ro 144 way in the same Gu-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Inquiries about the results of crackdown on drinking driving;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a summary order, etc. of the same kind of power);

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 again committed the instant crime even if he/she was punished four times in 200, 2004, 2006, and 201 due to refusal of measurement of drinking, driving of drinking, etc., and eventually caused a traffic accident due to drinking, etc.

(b) favorable condition: The defendant's acknowledgement of the crime of this case and reflects his mistake;

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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