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(영문) 광주지방법원 순천지원 2018.08.09 2018고단1161

도로교통법위반(음주운전)

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

On April 24, 2008, the Defendant was sentenced to a fine of 700,000 won as a crime of violating the Road Traffic Act (drinking) in the Gwangju District Court’s Netcheon Branch on April 24, 2008, and one million won as a fine in the same court on May 24, 2010.

On May 18, 2018, the Defendant driven a coo motor vehicle in B while under the influence of alcohol content of about 0.096% at a 2km section from the front of the stadium in the Soh-gu Soh-dong to the front road in the same Sinyang-si in the same Sinyang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous conviction: Application of a written inquiry, a copy of a summary order, such as criminal history;

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. According to Article 62(1) of the Criminal Act of the suspended sentence, comprehensively taking into account the following circumstances: (a) the Defendant’s history of the same punishment for sentencing under Article 62(1) of the Criminal Act; (b) volume of alcohol content in blood; (c) whether the occurrence of traffic accidents occurs; and (d) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc.,