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(영문) 광주지방법원 장흥지원 2016.07.14 2016고단75
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

[criminal history] On November 16, 2007, the Defendant was sentenced to a fine of two million won due to a violation of road traffic law in the Gwangju District Court's support on November 16, 2007, and on February 24, 2011, the Defendant violated the prohibition of driving under the influence of alcohol on at least two occasions by being sentenced to four months of imprisonment with labor for a violation of road traffic law (drinking driving) and one year of suspended execution.

[Criminal facts] On March 11, 2016, the Defendant driven the B high-class cargo vehicle with approximately 0.109% alcohol level in the middle of the 350m water from the Do in front of the remaining 4-lane of the Jinjin-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Seoul, to the Do in front of the water supply route in the same Gun, while under the influence of alcohol leveling to approximately 0.109% in the front of the roan fishing route.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the statement report on the circumstances of a driver driving a drinking, notification on the results of crackdown on drinking driving, and notification of correction completion;

1. Previous convictions: Application of Acts and subordinate statutes concerning inquiry fees, such as criminal history, investigation reports (reports on the previous convictions and attachment of written judgments);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for 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 a record of punishment for the same kind of crime several times.

However, the sentencing conditions indicated in the records of this case, such as the Defendant’s age, sex, family relationship, family environment, motive and means of the crime, and circumstances after the crime, including those favorable to the Defendant, such as the Defendant’s acknowledgement of the Defendant’s mistake and the fact that there was no record of having been sentenced to punishment, etc., shall be imposed the same sentence as the disposition.

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