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(영문) 광주지방법원 2015.11.19 2015고단3950
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On January 12, 2007, the Defendant was sentenced to a suspended sentence of 8 months for the crimes of violation of the Road Traffic Act at the Gwangju District Court, and on September 26, 2012, the Defendant was sentenced to a suspended sentence of 8 months for the same crimes, etc. on September 26, 2012, and was sentenced to a suspended sentence of 3 months for the same crimes in the same court on November 29, 2012, and completed the execution of the sentence in the Gwangju Prison on February 25, 2013.

On September 23, 2015, the Defendant driven B K5 cars in the state of alcohol alcohol concentration of approximately 0.114% from the 2km section from the front of the transmitting station in the Songdong in the Gwangju Mine-gu to the front of the Asian Lease in the Seopdong in Gwangju Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (report on the confirmation of the same kind of power and repeated crimes) and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is as stated in the first head of the judgment of the defendant, but the defendant was punished for drunk driving again during the period of a repeated crime of the same kind, and it is inevitable to sentence the defendant as the defendant has a high blood alcohol level.

However, given the favorable circumstances such as the defendant's age, character and conduct, environment, health conditions, circumstances after the crime, etc., where two balls are expected to be born and the defendant lives for a long time, there are many difficulties in living; the defendant does not repeat again; the defendant does not repeat again; and there are no other criminal records except the first head's previous conviction in the judgment of the defendant, it shall be taken into account. Accordingly, the punishment as ordered shall be determined by taking into account all the sentencing conditions specified in the arguments of this case, such as the defendant's age, character

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