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(영문) 광주지방법원 2016.09.22 2016고단3169
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On November 5, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act at the Gwangju District Court on August 8, 2012, and on May 14, 2014, the same court was sentenced to imprisonment with prison labor for the same crime on at least two occasions and completed the execution of the sentence on April 13, 2015.

[2] On July 13, 2016, the Defendant driven an Estststun vehicle at approximately 2km section from the roads in the Southern-gu, Gwangju-dong with alcohol content of 0.189% at around 17:30, the Defendant, while under the influence of alcohol during blood, to the front road of the apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident, reporting on the circumstances of a driver driving, and inquiring about the results of regulating drinking;

1. Previous records: Inquiry into criminal records, report on investigation (report attached to the previous decisions) and application of Acts and subordinate statutes concerning personal confinement;

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. Article 35 of the Criminal Act of aggravated repeated crimes includes a 4-time sentence (2005, 2008, 2012, and 2014) due to driving under the influence of alcohol for sentencing, and committed the instant crime without being aware of it during the period of repeated crimes.

The blood alcohol concentration is very high.

It is inevitable to sentence sentence in light of such unfavorable circumstances.

In addition, comprehensively taking into account all the sentencing conditions shown in the arguments of this case, such as the defendant's age, sex, environment, background of the crime, circumstances after the crime, etc., the punishment shall be determined as ordered (the sentencing criteria shall not apply to a crime for which no sentencing guidelines have been set).

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