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(영문) 광주지방법원 2018.04.24 2018고단536
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

On February 24, 2011, the Defendant received a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act from the Gwangju District Court on February 24, 201, and on January 29, 2018, the same court issued a summary order of KRW 2,00,000 as a crime of violating the Road Traffic Act (dacting driving) and filed a request for formal trial under 2018 and 192.

On February 5, 2018, at around 01:10, the Defendant driven B mast vehicle under the influence of alcohol content of about 0.130% from the 1km section to the 3rd Doz. of the same 1252 Doz. from the front of the New Apartment apartment located in Nam-gu, Nam-gu, Seoul to the Doz. 1252 Doz.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

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

1. Previous conviction: Application of a reply to inquiry, such as criminal history, reporting on the result of confirmation of the previous conviction before and after the disposition, and reporting on investigation (Attachment to a summary order, etc.);

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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable conditions: The Defendant recommits the instant crime even though he/she was punished twice as stated in the judgment that he/she was driving under drinking.

(b) favorable conditions: The fact that the defendant recognized the instant crime and reflects his mistake, and that he has no record of the suspension of the execution of imprisonment or heavier punishment due to drinking driving;

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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