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(영문) 광주지방법원 2017.04.27 2016고단4553
도로교통법위반(음주운전)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On July 5, 2016, while under the influence of alcohol content 0.262% among blood transfusion around 20:00, the Defendant driven a blick-do car from approximately 20 meters away from the 20m section to the front road of the old Young-ro cafeteria, which is located in the 238-ro 9, Gwangju-gu, Gwangju-gu, with the composition of Gwangju-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;

1. On-site photographs;

1. An investigation report (a photograph by cutting off the C vehicle booms images);

1. Application of internal investigation reports (to attach a screen image of a neighboring parking vehicle) and the laws and regulations on the CDs for video stuffs attached thereto;

1. Relevant Article of the Act and Articles 148-2 (2) 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. A fine of 2.5 million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Under Article 59(1) of the Suspension of Pronouncement of Sentence of the Criminal Act (the following conditions considered in the reasons for sentencing), the first offender who has no criminal history for sentencing, reflects the crime, the defendant's defense against D and fare, which is an acting driver, was in a situation in which it is difficult to expect that the defendant would be allowed to drive again while entering the vehicle at the vehicle, and the other vehicle should be cut off and deducted from the vehicle behind, taking into account the circumstances favorable to the situation where the defendant could not think of any other means, such as the fact that the defendant's driving would not have taken another way, and that the driving distance is extremely short and the risk of an accident caused by drinking seems to have never existed due to driving, and the sentencing of this case is to be postponed, taking into account all the factors indicated in the arguments of this case, such as the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime.

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