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(영문) 광주지방법원 2016.08.25 2016고단2042
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On October 31, 2007, the Defendant was issued a summary order of KRW 2.5 million for a crime of violation of road traffic law at the early branch of the Chuncheon District Court, and KRW 3 million for the same crime at the Gwangju District Court on December 30, 2010. On December 19, 2013, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for the same crime at the Gwangju District Court on December 19, 2013.

[Criminal facts] around 15:30 on May 31, 2016, the Defendant driven D-low-scale car under the influence of alcohol leveling 0.221% of alcohol level in approximately 5km from the front road of a cross-section in the territory of the Young-gun, Young-gu, Young-gu, Young-gu, Seoul, to the road in the territory of the Republic of Korea located in the Republic of Korea, Mag-gun, Mag-do.

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 driving;

1. Previous convictions in judgment: Application of inquiries about criminal history and investigation reports (formers and attachment of written judgments) and 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is to have been sentenced to a suspended sentence for a year 2013 due to driving under the influence of alcohol, etc.

The blood alcohol concentration is very high.

It is inevitable to sentence sentence in light of such unfavorable circumstances.

However, the fact that the crime of this case is against the law, and the fact that the crime of this case does not lead to a traffic accident, etc. shall be considered as favorable circumstances.

In addition, comprehensively taking into account all the sentencing conditions shown in the arguments of this case, such as the defendant's age, sex, environment, background of the crime, circumstances after the crime, etc., the punishment shall be determined as ordered (the sentencing criteria shall not apply to a crime for which no sentencing guidelines have been set).

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