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(영문) 광주지방법원 2018.03.20 2018고단173
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 11, 2011, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Gwangju District Court, and on January 24, 2013, the Defendant was sentenced to a fine of KRW 7 million by the same court as a crime of violating the Road Traffic Act.

On January 17, 2018, the Defendant driven B rocketing car at a section of about 300 meters from the flusium of 0.141% of alcohol content among blood transfusions to the flusium of the Gwangju Mine-gu from the flusium to the flusium of the same flusium 96 to the flusium of the same flusium.

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. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a written inquiry about criminal history, summary order, etc.;

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 twice as stated in the judgment that he/she was driving alcohol, and the blood alcohol concentration was high, etc.

(b) favorable conditions: The defendant's acknowledgement of the crime of this case and reflects his mistake, and there is no record of punishment of suspended execution or more;

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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