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(영문) 광주지방법원 2017.11.30 2017고단4697
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 September 8, 2011, the Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act at the Gwangju District Court on September 8, 201, and a fine of KRW 3 million for the same crime at the same court on December 7, 2012.

On October 3, 2017, the Defendant driven a 20-meter B car from the roads in front of the Bamba-dong Bamba-dong in Gwangju Mine to 42 pamba-ro Mco-ro, Gwangju Northernbuk-gu, with a alcohol content of 0.156% during blood transfusion around 03:50 on October 3, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

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 all the factors indicated in the arguments of this case, including the fact that there was a history of punishment twice 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, the fact that there is no record of crime, the degree of alcohol during blood transfusion, driving distance, the defendant's age, sexual behavior, environment, circumstances of crime, etc., the punishment as ordered shall be determined as per Disposition.

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