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(영문) 광주지방법원 2017.09.07 2017고단3129
도로교통법위반(음주운전)
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 18, 2010, the Defendant was issued a summary order of KRW 2 million at the Gwangju District Court to a fine of KRW 2 million for a crime of violating the Road Traffic Act, and a fine of KRW 2 million for a crime of violating the Road Traffic Act at the Gwangju District Court around December 21, 201.

[2] On July 9, 2017, the Defendant driven B I30 automobiles at approximately 150 meters from the day before the restaurant "59 king Haak" located in the monthly dong of Gwangju Mine-gu to the restaurant "Wol Haak Haak" located in the same Dong while under the influence of alcohol level of 0.106% among blood transfusions around 22:12.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (reports attached to the previous and summary order);

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 stay of execution (The following factors shall be considered as favorable to the punishment):

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, comprehensively taking account of all the sentencing conditions in the instant case, including the following circumstances and the Defendant’s age, sex, environment, background and result of the instant crime, and the circumstances after the instant crime, the sentence as ordered shall be determined.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The defendant does not commit a second offense.

D. Unfavorable circumstances: The defendant's blood alcohol concentration is considerably high, and the crime of this case is repeated even though he/she had been punished twice due to drinking driving.

Considering the risk of accidents caused by drinking driving, strict punishment is needed for these crimes.

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