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(영문) 광주지방법원 2016.05.26 2015고단4522
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On May 13, 2008, the Defendant was sentenced to four months of imprisonment for a crime of violating the Road Traffic Act at the Gwangju District Court, and on December 17, 2012, the Defendant was sentenced to a suspended sentence of two years for the same crime in the same court on December 17, 2012, and was in violation of Article 44(1) of the Road Traffic Act two times or more.

[2] On May 17, 2015, the Defendant driven a C-5 vehicle under the influence of alcohol with approximately 10km alcohol concentration of about 0.148% from the road located in the Southern-gu Gwangju Mine to the road in front of the so-called Jeju-dong, Nam-gu, Gwangju-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of inquiries about criminal history and text of judgment;

1. There is a record of being punished twice, including a two-time sentence and a one-time suspended sentence due to driving under the relevant Article of the Act and Articles 148-2(1)1 and 44(1) of the Road Traffic Act concerning the crime, as well as driving under the influence of alcohol on the punishment (opportune of imprisonment).

In blood, alcohol concentration is high.

It is inevitable to sentence sentence in light of such unfavorable circumstances.

In addition, comprehensively taking into account all the sentencing conditions shown in the arguments of this case, such as the defendant's age, sex, environment, background of the crime, circumstances after the crime, etc., the punishment shall be determined as ordered (the sentencing criteria shall not apply to a crime for which no sentencing guidelines have been set).

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