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(영문) 광주지방법원 2018.02.06 2017고단5368
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 March 25, 2010, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic laws in the Jeonju District Court's Gunsan Branch, and KRW 3 million for a crime of violating road traffic laws in the Jeonju District Court's Gunsan Branch on August 29, 2011, respectively.

On October 19, 2017, at around 23:20, the Defendant driven a cbenz car with approximately 100 meters alcohol concentration of about 0.185% from the 100-meter section of blood alcohol to the 302nd road of the same apartment complex, from among the 145-gil-ro 18, Pung-ro, Gwangju Mine-gu, Gwangju.

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. On-site photographs related to drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable conditions: The Defendant again committed the instant crime even though he/she was punished four times including his/her previous conviction on the grounds that he/she was driving alcohol, and the blood alcohol concentration was high;

(b) favorable conditions: The defendant's acknowledgement of the crime of this case and reflects his mistake, and there is no record of punishment of suspended execution or more;

C. The Defendant’s punishment was determined in consideration of the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, which were revealed in the records of the instant case.

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