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(영문) 광주지방법원 순천지원 2019.07.18 2019고단1057

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On January 31, 2008, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act in the Gwangju District Court’s net support on January 31, 2008. On May 13, 2016, the Defendant was suspended from indictment for a violation of the Road Traffic Act at the Gwangju District Court’s office.

【Criminal Facts of Crimes, the Defendant, even though he had a record of crackdownd on two occasions, driven a E-buck truck with a degree of about 50 meters alcohol concentration 0.110% from the front of the road located in Mayang-si B to D next road, around May 10, 2019 to May 10, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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 indicated in the records and arguments of this case, such as the criminal records of the accused for sentencing and Article 62-2 of the Social Service Order, the time distance from the previous drinking driving force, the degree of blood alcohol concentration of the accused at the time of driving of this case, the occurrence of the accident, the driving distance of the accused, the reflectivity of the accused, family relations, etc., the sentence identical to the order