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(영문) 광주지방법원 2017.05.25 2017고단1124
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 August 27, 2010, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and issued a summary order of KRW 3.5 million for the same crime at the same court on November 25, 201.

On March 20, 2017, while under the influence of alcohol content of 0.110% among blood transfusion, the Defendant driven a vehicle from around the Korean apartment site located in the Seo-gu, Seo-gu, Gwangju to the Socuk-dong, Seo-gu, Seo-gu, Gwangju to approximately 1k-gu, Seo-gu, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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 Order to Attend Military Service, and Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection, etc., that

However, considering the Defendant’s age, sex, environment, conditions before and after the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, such as the fact that the Defendant recognized the instant crime and reflects his mistake, and that the Defendant has no record of punishment more than a suspended sentence, etc., the Defendant was punished against the Defendant.

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