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(영문) 광주지방법원 2017.11.21 2017고단4307
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 May 28, 2007, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and KRW 2.5 million for a crime of violating the Road Traffic Act at the Gwangju District Court on November 18, 201.

On September 10, 2017, under the influence of alcohol level of 0.169% among blood transfusion around 22:14, the Defendant driven a B-V car at approximately 700 meters away from the monthly 117-21 high-tech apartment located in the Gwangju Mine-gu, in front of the first two high-tech apartment located in the 197-21st place in the Gwangju Mine-gu, to the front day of the advanced point of the Samsung T-V car.

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. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report attached to a summary order of the same type of crime) statute;

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 condition: The Defendant again commits the instant crime even though he/she was punished three times, including his/her previous conviction on the ground that he/she is driving under drinking.

(b) favorable conditions: The defendant's acknowledgement of the crime of this case against his mistake, and the fact that he has no record of punishment heavier than the suspension of execution due to drinking driving, etc.

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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