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(영문) 광주지방법원 2015.06.18 2015고단1069
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On June 12, 2009, the Defendant was sentenced to a fine of 700,000 won for the crime of violation of the Road Traffic Act at the Gwangju District Court on June 12, 2009, and was sentenced to a fine of 2,50,000 won for the crime of violation of the Road Traffic Act at the Busan District Court's Branch Branch of Dong District Court on September 1,

On March 31, 2015, at around 13:34, the Defendant driven a B car with blood alcohol concentration of approximately 0.187% from a 50-meter section from the front of the influorial convenience store in the Seo-gu, Seo-gu, Gwangju to the LG electronic front road in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the results of the drinking driving control;

1. Previouss before ruling: Criminal records, inquiry reports, and application of Acts and subordinate statutes of five copies of a summary order;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (a point of sound driving) which select a punishment for the crime;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, even though the defendant had been already punished five times due to drunk driving, committed the instant crime, and the fact that blood alcohol content is high is disadvantageous.

On the other hand, the fact that a drinking driving was conducted at the time of about five years from the last drinking driving, and the driving distance was not long, is a favorable condition.

The punishment shall be determined as ordered in full view of all the sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, health condition, circumstances after the crime, and circumstances after the crime.

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