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(영문) 광주지방법원 2017.11.23 2017고단4537
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

[2] On January 21, 201, the Defendant issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act at the Gwangju District Court on January 21, 201, and on February 14, 2013, the Defendant issued a summary order of KRW 2,00,000 as a fine for the same crime at the same court.

[2] On September 22, 2017, the Defendant driven Bexton car from approximately 100 meters away from the 100-meter section of Gwangju Mine-dong cafeteria to the same Gu Twindong Samsung Samsung-dong, while under the influence of alcohol content 0.123% during blood transfusion on September 22, 2017

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (report on the situation of the driver in charge); and

1. The point of judgment: The application of a reply letter to inquiries, such as criminal history;

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. In full view of all the factors indicated in the arguments of this case, including the fact that there was a history of punishment twice due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, however, there is no record of crime exceeding fines, the fact that there is no record of crime, the degree of alcohol during blood transfusion, driving distance, the defendant's age, sexual behavior, environment, circumstances of crime, etc., the punishment as ordered shall be determined as per Disposition.

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