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(영문) 광주지방법원 2017.06.29 2017고단1834
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 9, 2007, the Defendant was issued a summary order of one million won as a crime of violating the Road Traffic Act at the Gwangju District Court, and on July 23, 2007, issued a summary order of one million won as a fine by the same court.

On March 5, 2017, the Defendant driven a car B in the French section from the front passage of the 1111th parallel to the parking lot back to the new parking lot, while under the influence of alcohol content 0.170% among blood transfusion around 01:43, the Defendant driven a car B in the French section.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A traffic accident report;

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

1. A detailed statement of operation on behalf of a driver;

1. The point of judgment: The application of a reply letter to inquiries, 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. In full view of all the factors indicated in the arguments in the instant case, such as the fact that there was a history of being punished twice due to driving of alcohol for the reason of sentencing under Article 62(1) of the Criminal Act, the blood alcohol concentration is very high, but 10 years have elapsed since the point of punishment for driving the final drinking, the fact that there is no criminal history exceeding the fine, the fact that there is no record of crime exceeding the fine, the degree of alcohol content in blood, driving distance, driving distance, the Defendant’s age, sex, environment, the background of the crime, and the circumstances after the crime, etc., the punishment shall be determined as ordered.

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