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(영문) 광주지방법원 2017.07.13 2017고단1527
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[criminal history] On December 16, 201, the Defendant was sentenced to a fine of KRW 2 million for a violation of road traffic law in the support of the Southern District Court of Jeonju on December 16, 201, and a fine of KRW 5 million for the same crime, etc. at the Gwangju District Court of Gwangju on March 22, 2012.

[Criminal facts] On April 11, 2017, the Defendant driven a vehicle B with approximately 100 meters high-est typoids from Gwangju Northern apartment to the front road of the 375 innovation town, in the state of alcohol alcohol concentration 0.09% in blood around 23:40 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. An explanatory note;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the facts that there was three times of punishment due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, however, there is no record of crime exceeding fines, reflects the fact that there is no record of crime, alcohol concentration in blood, driving distance, the defendant's age, sexual behavior, environment, circumstances of crime, etc., and all of the sentencing conditions shown in the arguments of this case, including the crime, the punishment as ordered shall be determined.

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