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(영문) 광주지방법원 2018.08.14 2018고단2046
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for seven months.

Reasons

Punishment of the crime

On March 26, 2018, 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 a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Gwangju District Court on September 17, 2013, respectively.

On April 21, 2018, at around 21:14, the Defendant driven a B observer car in the state of alcohol alcohol content of approximately 0.077% from the 200-meter section from the front of the two cafeterias located in the Yangsan-dong, Gwangju, to the parallel Round road in the vicinity.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

(a) favorable condition: The defendant reflects his mistake while recognizing the crime of this case;

B. Unfavorable conditions: The defendant has a number of penalties; the defendant was punished three times by drinking alcohol, including the previous conviction in the previous ruling; the defendant was sentenced to a suspended sentence of imprisonment for the reason of drinking, driving without a license during 2002; the defendant was issued a summary order of a fine of 2 million won on February 13, 2018 due to occupational injury and actual injury inflicted on January 13, 2018; and the defendant was issued a summary order of a fine of 1.5 million won on March 26, 2018, as seen in the previous conviction in the judgment that was issued on March 16, 2018. The defendant again committed the crime of this case by drinking and driving without a license for one month thereafter; in light of the words and actions of the court; and the record of the crime during that period, it seems that there is no degree of awareness and behavior different from that of the crime; and thus, the defendant seems to be insufficient.

C. The defendant's age, sex, environment, and other records of this case are prescribed in Article 51 of the Criminal Code.

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