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(영문) 광주지방법원 장흥지원 2016.11.10 2016고단158
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Criminal Power] On August 18, 2009, the Defendant was issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act in the Gwangju District Court's support on the part of Gwangju District Court. On June 3, 2010, the Defendant was sentenced to a suspended sentence of one year for imprisonment with prison labor for the same crime.

【Criminal Facts】

At around 00:10 on September 24, 2016, the Defendant driven a B K5 vehicle under the influence of alcohol content of about 0.096% in approximately 2 kilometers from the Do in front of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the 119 Safety Center.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the circumstances of a drinking driving, inquiry into the results of crackdown on drinking driving, and notification of the completion of correction;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (verification of the same kind of power, etc.) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act requires a corresponding punishment in light of the fact that the defendant again committed the instant crime even though he/she had the record of punishment for the same kind of crime several times.

However, the sentencing conditions stated in the records of the instant case, including the Defendant’s age, character and conduct, family relationship, family environment, motive and means of a crime, and circumstances after a crime, such as the fact that the Defendant was aware of his/her mistake and has no record of punishment, etc., shall be imposed in full view of the circumstances favorable to the Defendant.

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