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(영문) 광주지방법원 2018.01.09 2017고단4947
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for seven months.

Reasons

Punishment of the crime

On April 1, 2008, the Defendant was sentenced to a suspended sentence of six-month imprisonment with prison labor for a crime of violating the Road Traffic Act at the Gwangju District Court on April 1, 2008, and three-year imprisonment with prison labor for a crime of violating the Road Traffic Act on October 20, 201, respectively.

On October 13, 2017, at around 05:00, the Defendant driven B-blades car in the state of under the influence of alcohol content 0.118%, from the end of the two laundry roads in the 117-22 two mountain apartment complexes in Gwangju Mine-gu, to the front of the two laundry apartment complexes in the same monthly system to the end of the 2nd apartment complex in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

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

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

(a) favorable condition: The defendant reflects his mistake while recognizing the crime of this case;

B. Unfavorable condition: The Defendant was punished six times before the instant case, and the probation was sentenced two times as shown in the holding, and the Defendant again committed the instant crime without being aware of it, and eventually caused a traffic accident while driving alcohol.

C. The Defendant’s punishment was determined by taking account of various sentencing conditions prescribed in Article 51 of the Criminal Act, which are shown in the Defendant’s age, sex, environment, and other records of this case.

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