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(영문) 광주지방법원 순천지원 2017.10.19 2017고단929
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 14, 2013, the Defendant was sentenced to a summary order of KRW 5 million for a crime of violating the Road Traffic Act in the Gwangju District Court's net support on November 14, 2013. On August 6, 2014, the Defendant was sentenced to a suspended sentence of two years for six months.

On April 26, 2017, while under the influence of alcohol of 0.117% among blood transfusions, the Defendant driven a D freight vehicle to the same maid intersection located in the Blusung-gun in front of a mutual influent cafeteria, Bosung-gun, Bosung-gun, Bosung-gun, Bosung-gun, in front of the Blusung-gun, the lower court was driving on the front of the Blusung-gun, Bosung-gun.

Therefore, even though the Defendant was punished for two or more times due to drinking driving, the Defendant was driving under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and investigation reports (a copy of the judgment, etc.);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. It is difficult to expect that the defendant will be punished by a fine or by a suspended sentence because he/she committed the instant crime for the reason of sentencing under Article 53 and Article 55 (1) 3 of the Criminal Act, and one year has not passed since he/she was sentenced to a suspended sentence of imprisonment with labor, in particular, after the suspended sentence period has expired.

The decision is judged.

However, in consideration of the fact that the Defendant was drinking due to a friendly family environment, and the fact that the Defendant was an imminent wife that the Defendant ought to care for his pregnant and female life, etc., the punishment was determined by considering such circumstances and the attendance relationship at this court (the same time, in consideration of such circumstances and the attendance relationship at this court, the court is not subject to detention).

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