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(영문) 광주지방법원 2017.10.19 2017고단3645
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 11, 2017, under the influence of alcohol content of 0.130% in blood, the Defendant driven B rocketing car from the front of the printing piracy office located in Gwangju-dong Culture Complex to the Hanju-ro 35, East-gu Handong-ro Docheon-ro Do-ro.

2. On July 13, 2017, the Defendant driven B rocketing car from the front side of the 60-day “water Pool” path located in Gwangju Seo-gu, Seo-gu, to the front day of the 30-gu culture flow, while under the influence of alcohol content of 0.102% in blood around 07:30 on July 13, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a statement report on the situation of a driver placed at each week;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (or choice of imprisonment with prison labor) concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. In light of the fact that a person commits a crime of drinking alcohol again two days after the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is found to have been found to have been driven by drinking for the reason of sentencing, the liability for the crime shall not be mitigated

However, considering the fact that the defendant reflects the crime, the first offender who has no record of the crime, etc., the court shall take into account the favorable circumstances, and shall determine the punishment like the order, taking into account all factors of sentencing as shown in the argument of the case, such as the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime.

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