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(영문) 광주지방법원 2017.08.24 2017고단2780
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than five 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 June 5, 2017, while under the influence of alcohol content 0.095% among blood transfusions, the Defendant driven B QM5 car from the section of approximately 893 meters from the front of the apartment site located in the Seo-gu of Gwangju, Seo-gu, Seo-gu to the blind road located in the Seo-gu, Seo-gu, Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 3 and 44-2 (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of all the factors indicated in the arguments in the instant case, including the fact that there was a record of being punished three times due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, but there was no record of crime exceeding fines, and the time when the punishment of a fine due to driving of drinking was finally imposed has been passed at least ten years around 2005, the degree of alcohol content in blood, driving distance, driving distance, the defendant's age, sex, environment, circumstances after the crime, etc., the punishment is determined as ordered.

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