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(영문) 광주지방법원 순천지원 2017.10.18 2017고단1178

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 May 10, 2012, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch on May 10, 201, and a fine of KRW 5 million for a violation of the Road Traffic Act (dacting driving) in the same court on April 14, 2014.

Nevertheless, on May 25, 2017, the Defendant driven a Drop car in the state of alcohol alcohol concentration of about 80 meters from around 80 meters to around 0.14% while under the influence of alcohol level from around 0.14% to around 80 meters in front of the restaurant, which is not aware of the trade name in the 20th of Bosung-gun, Bosung-gun, Bosung-gun, Seosung-gun, Seosung-gun.

Accordingly, the defendant was a person who has a driving force of drinking not less than twice, and was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and the text of the judgment;

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. The main sentence of Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, community service, and lecture attendance order shall be determined by comprehensively taking into account all the favorable circumstances, such as the fact that the defendant had four times a criminal record of driving drinking, the driving distance of drinking is short, favorable circumstances, such as the fact that the defendant recognizes and reflects the crime, and other favorable conditions of sentencing, including the defendant's criminal record, age, family environment, alcohol concentration in the defendant's blood during the crime, the same criminal record, and the interval of time of the crime in this case