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(영문) 광주지방법원 해남지원 2017.08.17 2017고단214
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

[criminal history] On September 14, 2006, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution due to a violation of road traffic law in the support of the Gwangju District Court in Gwangju District Court, and was sentenced to a fine of 700,000 won by the same court on September 29, 2011.

[2] Although Defendant 1 had been punished twice or more due to the crime of violating the Road Traffic Act (driving of Drinking), Defendant 2 driven a BF car under the influence of alcohol level of approximately 0.174% at the section of approximately 100 meters in the front of the public health clinic located in the same Ri from the day around the day of the promise to calculate the 20:2 on June 1, 2017 to the day around the day of the public health clinic located in the same Ri, while driving the BF car under the influence of alcohol level of about 100 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of regulations, report on the circumstances of a driver placed in driving, inquiry of the results of crackdown on drinking driving, response to requests for appraisal, and notification of the results of crackdown on drinking driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: (A) a response to inquiries, such as criminal history, (A) a report on investigation (Attachment of the previous and the copy of the judgment), and application of two copies of the judgment;

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. 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. The Defendant, on the grounds of the protection and observation and the sentencing of Article 62-2 of the Criminal Code of the Social Service Order, driven the instant drinking without any awareness of any particular crime despite the fact that the Defendant, while driving a drinking alcohol, had a traffic accident and had an excessive influence on others.

The nature of the crime is not good.

Considering the above circumstances, even though the defendant should be punished strictly, considering the favorable circumstances in which the defendant reflects his/her mistake, and comprehensively considering all the sentencing factors revealed in the trial process of this case, such as the defendant's age, sexual conduct, environment, circumstances after the crime, and circumstances after the crime, the suspension of execution shall be sentenced only once.

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