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(영문) 광주지방법원 순천지원 2015.06.12 2015고단571

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six 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

[criminal power] On November 6, 2014, the Defendant was issued a summary order of KRW 7 million for a violation of the Road Traffic Act (driving) in the Gwangju District Court’s net support on November 6, 2014, and on June 21, 2010, the Defendant was issued a summary order of KRW 1 million by the same court as the same crime, and was issued a summary order of KRW 1 million by the same court on June 21, 201.

【Criminal Facts】

At around 06:55 on March 13, 2015, the Defendant driven a vehicle of approximately 1 kilometer B Bbenz with approximately 0 km in front of the ambenz clurgy in front of the amblurg, which is under the influence of alcohol by 0.134% of the blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on actual condition;

1. On-site evidentiary photographs;

1. Report on the situation of operation without a license;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Notification of the result of crackdown on drinking driving;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes of an investigation report;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the reasons for the punishment in prison);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service, and order to attend a lecture, despite the fact that the defendant had been punished for the same kind of drinking driving on several occasions, has committed the crime of this case, and the nature of the crime is heavy.

However, it is decided as per the Disposition in consideration of the fact that the defendant reflects the crime of this case, the fact that he does not drive under the influence of alcohol, the fact that he disposes of the vehicle, and the fact that he has no record of being sentenced to a suspended sentence or a heavier punishment due to drinking driving.