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(영문) 광주지방법원 2017.11.30 2017고단4565
도로교통법위반(음주운전)
Text

The punishment of the accused shall be determined by six months of imprisonment.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of two months for a crime of violating the Road Traffic Act at the Gwangju District Court on August 29, 2013, and the judgment became final and conclusive on September 6, 2013, and was sentenced to ten months of imprisonment for a crime of violating the Road Traffic Act at the Gwangju District Court on February 11, 2015, and the said suspended sentence became void after the judgment became final and conclusive on February 24, 2015, and was released on February 29, 2016 and released on February 29, 2016 and passed on May 6, 2016.

[2] On October 3, 2017, the Defendant driven a c-hurb-hurd car at a section of about 500 meters from the front side of the junbb-dong in Gwangju Mine-gu to the front side of the Southern Limit, while under the influence of alcohol level of 0.083% among blood, around 22:19, the Defendant driven a c-hurb-hurd car at the section of approximately 500 meters from the front side of the Southern Limit-gu in Gwangju Mine-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (verification of the same criminal records as the suspect and the fact that the period of repeated crime is in progress);

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. For the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the punishment is determined as ordered by comprehensively taking account of all the sentencing conditions indicated in the instant case, such as the following circumstances and the Defendant’s age, sex, environment, the background and consequence of the instant crime, and the circumstances after the commission of the crime.

In favorable circumstances: The defendant's blood alcohol concentration is relatively low.

The accused has divided his wrongs and reflected his wrongs.

The defendant does not commit a second offense.

There is a family member to support the defendant.

The defendant has a record of being punished six times due to drinking, and is therefore.

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