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(영문) 광주지방법원 2017.04.27 2017고단86
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 May 19, 2008, the defendant was issued a summary order of a fine of one million won for a violation of road traffic laws (drinking driving) in the Goyang Branch of the District Court of Jung-gu on May 19, 2008 and the same year.

7. The above summary order is finalized, and on May 1, 2014, the Jeonju District Court has issued a summary order of a fine of four million won due to a violation of the Road Traffic Act at the Jeonju District Court on the same year.

6. 25. A person who has violated Article 44(1) of the Road Traffic Act two or more times, such as a final and conclusive summary order.

On December 22, 2016, at around 14:47, the Defendant driven Cpoter freight at approximately 0.096% of alcohol concentration in blood, from around 800 meters to the front road of the Gwangju Family Industry located in the same Dolyang-si, the Dolyang-si, the Namyang-si, the area of which is located in the area of the Dolyang-si, the Namyang-si, the area of which is located in the area of the Gulyang-gu, the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home, report on detection of a driver at home, and inquiry into the results of crackdown on drinking;

1. The point of previous convictions: The application of a reply to inquiry, such as criminal history, and the application of Acts and subordinate statutes of investigation report (Attachment to summary order);

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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