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(영문) 광주지방법원 2017.04.27 2017고단310
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 February 1, 2008, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act at the Gwangju District Court on February 1, 2008, and three million won for a fine in the same court on April 24, 2014.

On January 10, 2017, around 22:15, the Defendant driven a cany hospital located in the Suwon-dong of Gwangju Metropolitan City with approximately 300 meters alcohol concentration at around 0.120% of alcohol level from the 300-meter section to the water completion energy front road of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate 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. 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. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to Attend Community Service, Order to Attend Military Service, Order to Attend Military Service, and Order to Attend, even though the defendant had been sentenced to five times a fine due to drinking or driving without a license, leading to the instant crime

However, considering the Defendant’s age, sex, environment, conditions before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, such as the fact that the Defendant reflects the Defendant’s mistake, and that the Defendant has no record of the crime beyond the suspension of execution, in addition to several previous criminal records, the Defendant was sentenced to punishment for the Defendant.

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