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(영문) 광주지방법원 순천지원 2019.02.21 2018고단2429

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 June 2, 2011, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch, and on January 18, 2012, the above court issued a summary order of KRW 1.5 million for the same crime.

On October 23, 2018, at around 21:21, the Defendant driven a e-e-sports cargo vehicle under the influence of alcohol concentration of about 200 meters from the front of the C main point in Fri-si B to the front road of D apartment in Fri-si.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: The application of inquiry reports and investigation reports (Attachment to the previous records of the same type and the judgment, etc.);

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. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Code of the Probation and Social Service Order, the Defendant’s criminal records (in particular, frequency of the same kind of crime records, interval between time with the immediately preceding criminal records, etc.), the degree of blood alcohol concentration of the Defendant at the time of driving of the instant case, driving distance of the instant case, the reflectivity of the Defendant, family relations, etc. shall be determined by comprehensively taking account of the various sentencing conditions as shown in

It is so decided as per Disposition for the above reasons.