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(영문) 광주지방법원 2018.09.20 2018고단2662
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 20, 2010, the Defendant was issued a summary order of a fine of three million won by committing a violation of the Road Traffic Act at the Gwangju District Court on May 20, 2010, and was sentenced to six months by imprisonment with labor for the same crime in the same court on August 29, 2012.

On June 17, 2018, while under the influence of alcohol content 0.059% among blood transfusion, the Defendant driven B automobiles from the section of approximately 700 meters from the section of approximately 700 meters to the road front of funeral wedding place, as in the same Gu located at the 205 parking lot of the Gwangju Mine-ro, U.S. Si apartment, U.S., Do-ro, U.S., 205.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

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

1. Previous convictions: References to inquiries, such as criminal history, summary order, and application of the text of the judgment;

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

(a) favorable condition: The defendant reflects his mistake while recognizing the crime of this case;

B. Unfavorable Conditions: A large number of penalties have been imposed; the Defendant was punished five times due to drinking, including the previous conviction in the previous ruling; the Defendant was punished due to a traffic accident during drinking in 2006 and 2010; the Defendant was sentenced to imprisonment with prison labor due to drinking and non-licensed driving in 2012; however, the Defendant again committed the instant crime without being aware of it; etc.

C. The Defendant’s punishment was determined by taking account of various sentencing conditions prescribed in Article 51 of the Criminal Act, which are shown in the Defendant’s age, sex, environment, and other records of this case.

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