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(영문) 광주지방법원 2017.04.27 2016고단5023
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

【The Defendant received a summary order of KRW 1,50,000 as a fine for a crime of violating the Road Traffic Act at the Suwon Friwon on December 24, 2009, and a summary order of KRW 2,50,000 as a fine for a crime of violating the Road Traffic Act in the Jung-gu District Court on January 27, 2014.

【Criminal fact-finding on October 30, 2016, the Defendant driven a B-learning car under the influence of alcohol content of about 0.099% at a section of about 40km from the site village fright apartment parking lot to the fright-side fright-side fright-side fright-side fright-side fright-side fright-side fright-side fright-side fright-sided parking lot ( Busan fright-side fright-side fright-side).

Accordingly, the Defendant, while under the influence of alcohol not less than twice, driven a motor vehicle again while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (the application of the above dmark formula);

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 (applicable previous convictions in the same case and confirmation);

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 Defendant’s reasons for sentencing under Article 62-2 of the Social Service Order and Order to Attend Education Act, Article 59 of the Criminal Act, and Article 62-2 of the Act on the Observation, etc. of Protection, etc., reflects his/her mistake, and the Defendant was sentenced to punishment for the Defendant by taking account of the Defendant’s age, sex, environment, circumstances before and after the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, including the fact that he/she has no record of criminal records over the suspension of execution or more due to drinking driving

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