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(영문) 광주지방법원 2017.06.15 2017고단1724
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 September 24, 2014, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Gwangju District Court on September 7, 2011, respectively.

On March 21, 2017, around 22:02, the Defendant driven B rocketing car with approximately 0.172% alcohol concentration in blood from the front of the Black swine restaurant located in the Young-gun, Young-gu, Young-gu, Young-gu, Seoul, to the Kabel parking lot located in the 2-lane, Young-gun, Young-gun, Young-gun, Young-gun, Seoul, to approximately 900 meters in a section of approximately 900 meters, while under the influence of alcohol content.

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 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) 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 conditions: The Defendant again committed the instant crime even though he/she was punished twice in 2011 and 2014 due to driving under drinking.

(b) favorable conditions: The defendant's acknowledgement of the crime of this case against his mistake, and the fact that he has no record of punishment heavier than the suspension of execution due to drinking driving, etc.

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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