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(영문) 광주지방법원 2017.07.25 2017고단2117
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 7, 2011, the Defendant issued a summary order of KRW 2.5 million by a fine for a violation of the Road Traffic Act at the Gwangju District Court on July 22, 201, a summary order of KRW 4 million by a crime of violation of the Road Traffic Act at the Gwangju District Court on July 22, 2011, and on February 7, 2014, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act at the Gwangju District Court on February 7, 2014.

On May 6, 2017, the Defendant, while under the influence of alcohol content of 00:50% in blood, driven a C Car in the section of about 4 km from the front of Samsung Apartment apartment located in the Southern-dong of Gwangju Mine-gu to the roads located in the same monthly dong from the later side of Samsung apartment located in the same Gu, the Defendant driven a C Car in the section of about 0.132% in 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 convictions: Application of a reply to inquiry, such as criminal history, report on investigation (applicable to the same type of judgment);

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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

(a) favorable condition: The defendant reflects his mistake while recognizing the crime of this case;

B. Unfavorable conditions: The Defendant had already been punished three times due to drinking, and was sentenced to a suspended sentence due to drinking driving in 2014, and the Defendant again committed the instant crime without being able to do so, etc.

C. The Defendant’s punishment was determined by taking account of various sentencing conditions prescribed in Article 51 of the Criminal Act, which are shown in the Defendant’s age, sex, environment, and other records of this case.

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