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(영문) 광주지방법원 2017.07.25 2017고단1933
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 November 18, 2008, the Defendant was issued a summary order of 1,500,000 won for a crime of violating the Road Traffic Act (drinking driving) at the wooden Branch of the Gwangju District Court, and on July 16, 2010, issued a summary order of 2,50,000 won for the same crime at the Gwangju District Court.

On April 6, 2017, the Defendant driven C cargo at a section of about 900 meters from the front of the mountain restaurant located in the west-gun of the frontbuk-gun, 0.161% of alcohol content while under the influence of alcohol in light of 17:55, to the front of the same Myeonsan-gun, the Defendant driven C cargo at a section of about 900 meters from the front of the same Myeonsan-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order of the same kind of power);

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 three times due to drinking driving.

(b) favorable condition: The defendant's acknowledgement of the crime of this case and reflects his mistake;

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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