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(영문) 광주지방법원 2016.06.23 2016고단1137
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On August 13, 2010, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court, and on May 17, 2012, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act at the Gwangju District Court on August 17, 2012, and was sentenced to a suspended sentence of two or more times.

[2] On April 8, 2016, around 10:40, the Defendant driven B K7 cars under the influence of alcohol content of approximately 0.142% from the 20km section to the 20km road in the front of the “net window funeral ceremony,” which was located in the former Northern-gun, in the front of the “Yagsan-gun,” to the front of the “Yagsan-gun,” which is located in the former Northern-gun, to the front of the Namyang-gun, the Defendant driven B K7 cars under the influence of alcohol content of blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Inquiry about criminal history, copy of summary order, and application of the text of the judgment;

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. Sentence of a sentence is inevitable in light of the extenuating circumstances, such as the fact that a person has been sentenced several times to a suspended sentence for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, and the fact that a person has a high level of alcohol level during blood transfusion, etc.

However, in full view of the fact that the crime of this case does not lead to traffic accidents, and all of the sentencing conditions shown in the arguments of this case, such as the defendant's age, sex, environment, circumstances of the crime, and circumstances after the crime, etc., the punishment shall be determined as ordered (the sentencing criteria shall not apply to a crime for which no sentencing guidelines have been set).

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