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(영문) 광주지방법원 해남지원 2017.07.06 2017고단157
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

[criminal history] On January 29, 2007, the Defendant was sentenced to a fine of KRW 700,000 to a fine of KRW 1.5 million as a crime of violating road traffic law in the Gunsan Branch of the Jeonju District Court, and on June 19, 2013, to a fine of KRW 1.5 million as an identical crime in the Gunsan Branch of the Gwangju District Court.

[2] Although Defendant 1 had been punished twice or more as a crime of violating the Road Traffic Act (driving of Drinking), Defendant 2 driven a car with B 4 km in the 4km section from the Dog-ri to the 56-day Dog-si Doggggg-ri, Dog-gun, in the state of under the influence of alcohol content of 0.129% on April 8, 2017, while he was under the influence of alcohol during the influence of alcohol at around 14:46 on April 8, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at drinking, report on the circumstances of driving at drinking, notification of the results of crackdown on driving at drinking, and inquiry into the results of crackdown on driving at drinking;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (Attachment of the previous one and a copy of the summary order), and application of two copies of the summary order under the Acts and subordinate statutes;

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. 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. The reason for sentencing under Article 62-2 of the Criminal Act is the very high risk of driving for the reason of sentencing.

Considering the fact that the defendant repeats the driving of alcohol without any particular awareness of the crime, and that the amount of alcohol concentration during the blood transfusion at the time of driving the drinking of this case is not low, the defendant should be punished strictly, but the suspension of execution shall be imposed only once by taking into account the fact that the defendant reflects the fact that the defendant and there is no record of punishment exceeding the fine.

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