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(영문) 광주지방법원 2017.05.11 2017고단612
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 October 12, 2011, the Defendant received a summary order of KRW 1,50,000 from the Gwangju District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and on December 5, 2014, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act at the Gwangju District Court.

On January 26, 2017, the Defendant driven B-A-D car volume at the section of approximately 50 meters from the front of the second parking lot in the Gwangju Mine-gu to the road front of the 193th gardening advanced store, while under the influence of alcohol content 0.095% among blood transfusions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

1. Notification of the results of regulating drinking driving;

1. Inquiries about the results of crackdown on drinking 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. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to Attend Community Service, and Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection, etc., which again led to the instant crime

However, considering the Defendant’s age, sex, environment, conditions before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, such as the fact that the Defendant reflects the Defendant’s mistake, and that the Defendant has no record of the punishment heavier than that of the suspension of execution, the Defendant was sentenced to punishment for the Defendant.

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