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(영문) 광주지방법원 순천지원 2019.03.29 2018고단2370

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

On September 14, 2007, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and on May 26, 2008, issued a summary order of KRW 3 million by the same court on May 26, 2008. The Defendant has violated Article 44(1) of the Road Traffic Act on more than two occasions.

On August 31, 2018, at around 00:07, the Defendant driven a D Ecoo vehicle under the influence of alcohol concentration of about 0.251% from the 3km section from the front of the 1st century to the front of the Suncheon-si Sacheon-dong Police Station.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal;

1. Decision-making division: Application of criminal records, etc. inquiry report, summary order of 2008 high-level court of Gwangju District Court Decision 2008 high-level court of 5060, summary order of 2007 high-level court of Gwangju District Court Decision 2007 high-level court

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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The conditions unfavorable to the defendant's erroneous recognition of his/her mistake: The defendant has a history of criminal punishment for the same kind of crime several times, the blood alcohol concentration is considerably high, and the defendant's age, character, conduct, environment, health conditions, motive and consequence of the crime, and other various conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as the sentence as the order.