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(영문) 광주지방법원 순천지원 2019.02.20 2018고단2183

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than nine months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 12, 2013, the Defendant received a summary order of KRW 6 million as a fine for a violation of the Road Traffic Act from the Gwangju District Court's Net Branch on September 12, 2013. On January 22, 2010, the same court received a summary order of KRW 3.5 million as a fine for a violation of the Road Traffic Act. On December 4, 2006, the same court received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act.

On October 7, 2018, at around 21:49, the Defendant driven an Epoter II truck in the state of alcohol alcohol concentration of about 0.115% at the section of about 10km from the front of the bus stops in the village B in the state of drinking to the front of the D, located in C.

As a result, the Defendant, even though he had the power of driving at least twice under the influence of alcohol, once again driven the above cargo while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records: Application of Acts and subordinate statutes of each summary order, such as making inquiries into results of the control of drunk driving, criminal records, and making inquiry into criminal records;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. It is so decided as per Disposition for the reasons under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;