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(영문) 광주지방법원 2017.07.20 2017고단2076
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

【Power of crime】 On January 7, 2008, the Defendant issued a summary order of KRW 500,000 to a fine for a crime of violating the Road Traffic Act at the Gwangju District Court, and on August 20, 2013, a summary order of KRW 1.5 million to a fine for the same crime at the same court.

【Criminal facts constituting the Defendant, while under the influence of alcohol content 0.179% in blood around May 16, 2017, driving Csch Rexroth car in the section of approximately 800 meters away from the front of the GM hotel located in the monthly dong of Gwangju Mine-gu to the roads located in the same direction as the 11th degree in the village of the same Gu-based 8-8.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site inspections and photographs of accidents;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The point of previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

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. In full view of all the sentencing conditions set forth in the pleadings of the instant case, including the fact that an order to provide community service and attend lectures twice a punishment due to driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, traffic accidents have occurred due to the instant crime, but there is no record of crime exceeding the fine, human life damage, non-human life damage, reflectment, alcohol concentration during blood, driving distance, driving distance, the Defendant’s age, sexual behavior, environment, circumstances after the crime, etc., the sentence shall be determined as ordered.

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