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(영문) 광주지방법원 2018.09.11 2018고단2880
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 25, 2011, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act at the Gwangju District Court, and was sentenced to a fine of KRW 2 million at the same court on September 15, 2015.

On July 10, 2018, at around 03:53, the Defendant driven Bho-do car in the state of alcohol alcohol content of approximately 0.149% from approximately 300 meters away from the 300-meter section to the road in front of the Yanananandong-dong, Gwangju to the 53 delelian Haan, Seo-gu, Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. Previous convictions in judgment: Application of inquiries, such as criminal history, replys to inquiries, investigation reports (applicable to the same type of punishment);

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 again committed the instant crime even though he/she was punished three times due to drinking driving, including his/her previous conviction in all judgment, and the blood alcohol concentration was high;

(b) favorable conditions: The defendant's recognition of the crime of this case and reflects his mistake, and there is no record of punishment exceeding the fine;

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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