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(영문) 광주지방법원 2018.04.10 2018고단545
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 November 13, 2006, the Defendant was issued a summary order of two million won for a violation of the Road Traffic Act (drinking driving) at the Gwangju District Court on November 13, 2006, and on November 30, 201, the Gwangju District Court issued a summary order of three million won for a violation of the Road Traffic Act (drinking driving).

On February 8, 2018, the Defendant driven a C lux car on the Drineral Road of Gwangju building, Seo-gu, Seo-gu, under the influence of alcohol content of 0.080% during blood transfusion around 23:40.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;

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 condition: The Defendant again commits the instant crime even though he/she was punished four times, including his/her previous conviction on the part of driving alcohol.

(b) favorable conditions: The fact that the defendant recognized the instant crime and reflects his mistake, and that he has no record of the suspension of the execution of imprisonment or heavier punishment due to drinking driving;

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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