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(영문) 광주지방법원 순천지원 2018.10.05 2018고단1383

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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

On January 6, 2009, the defendant was issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act in the Gwangju District Court's Netcheon Branch on January 6, 2009, and a fine of two million won for the same crime in the Seosan Branch of the Daejeon District Court on November 29, 2013.

On June 17, 2018, at around 23:44, the Defendant driven B Poter cargo vehicles with alcohol content of 0.083% in the 1km section from the 1k section to the roads in front of the ethic ecological tunnel, a new month from the back frame of the New Fri-dong pharmacy at the time of influence.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition on drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (not later than drinking and twice);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the Defendant’s age, sex, family relationship, environment, circumstances, and result of the crime, etc.; (b) the Defendant’s age, sex, family relationship, environment, circumstances after the crime, etc., without having been sentenced to imprisonment without prison labor or heavier punishment for the reason of sentencing under Article 62-2 of the Social Service