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(영문) 광주지방법원 2017.05.18 2017고단352
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 January 6, 2017, at around 00:05, the Defendant driven a C Ttiball car at approximately 0.185% alcohol concentration in blood at a section of approximately 500 meters from the front day of the king-dong sub-lease of Gwangju Northern-dong to the front day of the 169 knife Lane at the 169 knife of Gwangju North-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a statement on the circumstances of a driver placed in the main place and a report on detection of such driver;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures [the prosecutor charged with the collection of alcohol content in blood with 0.203% as the depositee, but around 00:50, which is the point of time of collecting blood, 90 minutes have not elapsed from the final drinking point of 00:00, which is the point of time of collecting blood, so the possibility of the increase in alcohol content in blood after around 00:33, which is the time of breath measurement cannot be ruled out.

Therefore, 0.185% of a breathic breathic breathic breathic breathic breathic breathic breathic breathic breathic breathic breathic breathic breathic breathic breathic breathic breathic breathic breathic breathic breathic breathic breathic breathic brea

However, considering the favorable circumstances, such as the fact that the defendant reflects the crime and the fact that there is no record of the crime exceeding the fine, the punishment as ordered shall be determined by taking into account all of the sentencing factors indicated in the pleadings of this case, such as the defendant’s age, sex, environment, family relationship, motive, means and consequence of the crime, etc.

The acquittal portion

1. The Prosecutor’s summary of the facts charged is as follows: “The Defendant was sentenced to a fine of 1.5 million won at the Gwangju District Court on July 3, 2013 due to a violation of Road Traffic Act (drinking), and the Gwangju District Court on December 30, 2016.

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