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(영문) 광주지방법원 2017.07.25 2017고단2169
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 July 14, 2008, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Gwangju District Court on July 14, 2008, and a fine of 2 million won for the same crime at the same court on October 1, 2010.

On April 12, 2017, the Defendant driven a BH car at the section of approximately 1.5 km from the Do in front of the drinking house where the trade name in the 2amb in Gwangju Northern-dong cannot be identified, while under the influence of alcohol at 0.178% during blood transfusion, to the front of the Matern Women's Council located in Gwangju-gu, the center of the Dong-gu, Gwangju, about 1.5 km.

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 an inquiry inquiry letter, such as criminal history, and an investigation report (a summary order issued on the same paper of force);

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 was punished twice in 2008 and 2010 due to driving under drinking.

(b) favorable conditions: The defendant's acknowledgement of the crime of this case and reflects his mistake, and there is no record of punishment of suspended execution or more;

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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