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(영문) 광주지방법원 2017.10.12 2017고단3721
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 November 13, 2006, the Defendant issued a summary order of KRW 1 million to the Gwangju District Court due to a violation of the Road Traffic Act (drinking driving), etc. (e.g., a fine of KRW 1.5 million), a fine of KRW 1.5 million for a violation of the Road Traffic Act (dacting driving), and a fine of KRW 3 million by the same court on May 20, 2010 (dacting driving), respectively.

On July 10, 2017, the Defendant, while under the influence of alcohol at around 20:40, driven a B-learning car in the section of about 800 meters from the front of the head of the Hopth to the front road of the Simsan Simsan, 0.212% of alcohol level during alcohol level, but from the front of the head of the Hopth to the front road of the Simsan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A response to a request for appraisal, and a written appraisal of alcohol during blood transfusion;

1. A report on the detection of a primary driver;

1. The point of judgment: The application of a reply letter to inquiries, such as criminal history;

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. 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. In full view of the facts that there was three times of punishment due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, however, there is no record of crime exceeding fines, reflects the fact that there is no record of crime, alcohol concentration in blood, driving distance, the defendant's age, sexual behavior, environment, circumstances of crime, etc., and all of the sentencing conditions shown in the arguments of this case, including the crime, the punishment as ordered shall be determined.

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