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(영문) 광주지방법원 해남지원 2018.02.08 2017고단462
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 January 8, 2007, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court, and on September 3, 2010, sentenced to a fine of one million won by the same court as the same crime.

[2] Although Defendant 1 had been punished twice or more due to the crime of violating the Road Traffic Act (driving of Drinking), Defendant 2 driven B-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking driver, report on the circumstances of a drinking driver, notification of the results of regulating driving of drinking, and inquiry into the results of regulating driving of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, a written confirmation of investigation (A), and a summary order, to two Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 was that the Defendant, while having been punished twice due to drinking, once again driven under the influence of alcohol, without having to do so.

It is necessary to impose strict punishment.

However, considering the favorable circumstances that the defendant reflects his/her mistake, and that there is no record of punishment exceeding the fine, etc., other factors of sentencing revealed in the process of the trial of this case, such as the defendant's age, sex, environment, background of the crime, circumstances after the crime, etc., shall be determined as ordered.

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