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(영문) 광주지방법원 2017.06.15 2017고단1629
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 13, 2011, the Defendant was sentenced to a suspended sentence of four months for a crime of violating the Road Traffic Act at the Gwangju District Court on January 13, 201, and on August 27, 2010, the Defendant was sentenced to a summary order of 3.5 million won for a crime of violating the Road Traffic Act.

On April 15, 2017, around 22:37, the Defendant driven the EK9 vehicle under the influence of alcohol content of about 0.120% from the 500-meter section to the third apartment road in front of the same Gu, which is located in the high-tech district of Gwangju Mine District, from the street in front of the flusium to the same Gu.

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 convictions in judgment: Application of the Acts and subordinate statutes to inquiries, such as investigation reports and 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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

(a) favorable condition: The defendant reflects his mistake while recognizing the crime of this case;

B. Conditions disadvantageous to the Defendant: (a) the Defendant was punished four times on driving under drinking in 204, 2006, 2010, and 201; and (b) the Defendant again committed the instant crime even after being sentenced to a suspended sentence in 2011.

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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