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(영문) 광주지방법원 장흥지원 2018.05.31 2018고단44
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 March 27, 2008, the Defendant is a person who has a record of drinking alcohol driving on at least two occasions, such as receiving a fine of 500,000 won for a violation of road traffic laws (drinking driving) in the Gwangju District Court’s support on March 27, 2008, and a summary order of 3 million won for the same crime in the same court on November 21, 2013.

On March 14, 2018, the Defendant driven a B-hand car under the influence of alcohol content of about 0.128% at a section of approximately 1km from the front of the forest industrial company located in the Yangyang-gu, Seoul Special Metropolitan City, Seoul Special Metropolitan City, to the front of the bus stop in the non-dong-ri Village of the same military inside the same Gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about criminal history, reporting on investigation (a copy of a summary order attached), and application of the statutes governing summary orders;

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. 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. In full view of the elements of sentencing under Article 62-2 of the Criminal Act, and the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of sentencing as indicated in the pleadings, such as the circumstances before and after the commission of the crime, the sentence shall be determined as ordered.

The elements of favorable sentencing: The fact that the defendant acknowledges and reflects his mistake, and there is no record of criminal punishment exceeding the fine.

An unfavorable sentencing element: (a) the same criminal record and two times; (b) the concentration of alcohol in blood is relatively high; and (c) the driving of alcohol increases the risk to the safety of citizens, so there is a high need for strict punishment.

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