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(영문) 광주지방법원 2018.02.20 2017고단5813
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 4, 2015, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and on May 31, 2016, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act.

around 02:35 on June 16, 2017, the Defendant driven B benz car with approximately 100 meters alcohol concentration at around 0.084% in blood alcohol level from the roads in front of 701, the “Saeum Chumbane,” located in 701, Nam-gu, Gwangju, to the roads in front of 49, Nam-gu, Nam-gu, Gwangju.

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 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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable condition: The Defendant committed the instant crime even though he/she was punished for the same offense as that of his/her judgment on driving alcohol.

(b) favorable conditions: The defendant's acknowledgement of the crime of this case and reflects his mistake, and there is no record of punishment of suspended execution or more;

C. The Defendant’s punishment was determined in consideration of the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, which were revealed in the records of the instant case.

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