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(영문) 광주지방법원 2015.12.10 2015고단4159
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On December 23, 2008, the Defendant violated Article 44(1) of the Road Traffic Act by being sentenced to imprisonment for six months with prison labor due to a violation of the Road Traffic Act at the Gwangju District Court on February 24, 201 and four months from the same court on February 24, 201.

【Criminal Facts】

On September 22, 2015, at around 22:38, the Defendant driven B-type cargo vehicles under the influence of alcohol of about 1.5 km from the front of the Taebong Saemaul Depository, located in the Newbuk-gu, Gwangju, to the front of the same Manam Center located in the same Gu Manamdong, to the front of the same Manam Center.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and the inquiry requests for appraisal;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Sentence of a sentence is inevitable in light of the unfavorable circumstances, such as the suspended sentence in 208, the suspended sentence in 201, the sentence in 2011, and the fact that the blood alcohol concentration is very high, for a crime of the same kind with the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation;

However, in light of the favorable circumstances such as the fact that the crime of this case does not lead to traffic accidents, and the age, character and conduct, environment, circumstances of the crime, circumstances after the crime, etc. of this case, all of the sentencing conditions shown in the arguments of this case shall be determined as ordered.

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