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(영문) 광주지방법원 2017.06.22 2017고단1529
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 February 25, 2008, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and on April 12, 201, a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving under drinking), respectively, by the Gwangju District Court Branch Branch of the Gwangju District Court.

[2] On April 11, 2017, at around 20:30, the Defendant driven a knife car with approximately KRW 0.136% alcohol level in a 700-meter range from the front side of the Large Manpower Manpower Office located in 16-3, Young-gu, Young-gu, Young-gu, Seoul, Seoul, to the front day of the knife-do 16-6 of the same Eup/Myeon, to the front day of the convenience store.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The point of previous convictions in judgment: The application of inquiry letter, investigation report (the same type of force) and other Acts and subordinate statutes;

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 all the factors indicated in the pleadings of the instant case, including the fact that there was a history of punishment four times due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, but there is no record of crime exceeding fines, the fact that there is no record of crime, the degree of alcohol in blood, driving distance, the defendant's age, sexual behavior, environment, circumstances of crime, etc., the punishment as ordered shall be determined as set forth in the text.

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