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(영문) 광주지방법원 순천지원 2019.10.08 2019고단1446

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 May 29, 2018, the defendant was a person who violated the prohibition of drinking driving by receiving a summary order of a fine of five million won for violating the Road Traffic Act from the Gwangju District Court's net support on May 29, 2018.

On June 29, 2019, at around 00:55, the Defendant driven a F rocketing car at the section of about 4 km from the front B apartment Cdong parking lot to the front road located in D in the same city at the same time, under the influence of alcohol content of 0.15%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving ( October 29, 2019) and the circumstantial statement of a drinking driver;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same kind of suspect's records), and application of two copies of summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. In full view of various sentencing conditions as shown in the records and arguments of this case, such as the records and arguments of this case, such as the defendant's criminal records of sentencing and Article 62-2 of the Social Service Order Act, the time interval with the defendant's previous record of drinking alcohol, the degree of the defendant's blood alcohol concentration at the time of driving of this case, whether the accident occurred, the driving distance of the defendant, whether the defendant'