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(영문) 광주지방법원 2016.12.08 2016고단3769
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 9, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million in the Gwangju District Court for the crime of violation of the Road Traffic Act, and a fine of KRW 4 million in the same court on August 7, 2012. On February 13, 2014, the Defendant was sentenced to a suspended sentence of six months in imprisonment with labor for the same crime, etc.

On August 1, 2016, the Defendant, while under the influence of alcohol of 0.09% of blood alcohol concentration, driven CK9 car at approximately approximately 200 meters from the 200m section around the restaurant near the Gambandong in the Gamban-dong to the road near the Gamban-dong in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal records);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Discretionary mitigation of punishment under Articles 53 and 55(1)3 of the Criminal Act had a record of being punished several times due to driving under the influence of alcohol for the reason of sentencing, and in particular, the sentence of a suspended sentence of imprisonment for six months was imposed for drinking and driving without a license in 2014.

It is inevitable to sentence sentence in light of such unfavorable circumstances.

However, the fact that the crime of this case is against the law, and the fact that the crime of this case does not lead to a traffic accident shall be considered as favorable circumstances.

In addition, comprehensively taking into account the age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, all the sentencing conditions specified in the pleadings of the case shall be determined as ordered.

(The sentencing criteria shall not apply to crimes whose sentencing criteria have not been set).

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