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(영문) 광주지방법원 2017.05.25 2017고단1281
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 26, 2013, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Gwangju District Court, and on September 11, 2015, issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act at the Gwangju District Court.

On March 7, 2017, the Defendant driven a BM5 LPLi car under the influence of alcohol content of about 0.101% from the portion of approximately 300 meters to the front road of the 98 Don-ro Don-ro Don-ro Don-ro Don-dong from the front road of the 300-day Don-ro Don-ro Don-dong.

Accordingly, the defendant, who has been under the influence of alcohol more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind 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. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to Attend Community Service and Order to Attend Military Service, and Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection, etc., that

However, considering the Defendant’s age, sex, environment, conditions before and after the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, such as the fact that the Defendant recognized the instant crime and reflects his mistake, and that the Defendant has no record of punishment more than a suspended sentence, etc., the Defendant was punished against the Defendant.

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