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(영문) 광주지방법원 해남지원 2016.01.07 2015고단503
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On January 19, 2012, the Defendant violated Article 44(1) of the Road Traffic Act by being sentenced to a suspended sentence of two years for the following reasons: (a) a fine of KRW 5 million for the crime of violating the Road Traffic Act (dacting driving) in the support of the Sugwon method, (b) a fine of KRW 3 million for the crime of violating the Road Traffic Act; (c) a fine of KRW 1 year for the crime of violating the Road Traffic Act (dacting driving); and (d) a fine of KRW 44(1) of the Road Traffic Act

[2] On November 2, 2015, the Defendant driven B vehicles at a section of about 3 km from the road surface in front of the Southern Sea-Si, South west-gu, west-gu, west-gu, west-do, west-do, in a state of alcohol alcohol content of at least 0.189%, while under the influence of alcohol during blood at around 22:40 on November 2, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of a driver driving a drinking, notification of the results of crackdown on drinking driving, and inquiry of the results of crackdown on drinking;

1. Previous convictions: References to inquiries, such as criminal history, (A) and application of Acts and subordinate statutes to criminal investigation reports (Attachment of criminal suspect's records of driving alcohol);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The reasons for sentencing under Article 53 and Article 55(1)3 of the Act on Reduction of Small Quantity, even though the Defendant had already been punished by a fine or a suspended execution, committed the instant crime.

It is difficult to prevent the defendant from repeating the crime by repeated action alone.

It is judged and sentenced to punishment at this time.

However, in determining the sentence, the sentence shall be determined as ordered by considering all factors of sentencing as shown in the pleadings of this case, such as the defendant's age, occupation, environment, sexual conduct, the background, details, and circumstances after the crime.

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