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(영문) 광주지방법원 2017.09.14 2017고단3134
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 July 31, 2010, the Defendant was sentenced to a fine of KRW 4 million due to a violation of the Road Traffic Act (drinking driving) at the Gwangju District Court on July 31, 2010, and a fine of KRW 5 million due to a violation of the Road Traffic Act (drinking driving) at the Cheongju District Court on February 3, 2012, on two occasions.

(Criminal facts) around 19:54 on July 15, 2017, the Defendant driven a motor vehicle B, under the influence of alcohol content of approximately 0.061% from the 50-meter section to the front road of the public room hospital located in the same Dong-dong, Yangcheon-gu, Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

1. 112 A list of reported cases;

1. The circumstantial statement report;

1. The point of previous convictions in judgment: The application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to a summary order);

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. In full view of all the factors indicated in the pleadings of the instant case, including the fact that there was a history of punishment four times due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, but there is no record of crime exceeding fines, the fact that there is no record of crime, the degree of alcohol in blood, driving distance, the defendant's age, sexual behavior, environment, circumstances of crime, etc., the punishment as ordered shall be determined as set forth in the text.

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