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(영문) 광주지방법원 순천지원 2018.02.08 2017고단2058

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for 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 September 7, 2011, the Defendant issued, respectively, a summary order of KRW 2 million on the grounds of a violation of the Road Traffic Act (drinking driving), and a fine of KRW 1.5 million on July 14, 2015, by the above court on the ground of a violation of the Road Traffic Act (drinking driving) in the Gwangju District Court’s Netcheon Branch Office.

On August 23, 2017, the Defendant driven B Poter vehicle under the influence of alcohol content of about 0.202% at a distance of about 2km to the front side of the passenger farm site located in the same Masan-do road located in the same Don-ri, Don-ri, a livestock farm located in the Gudong-gu, Chungcheongnam-gu, Seoul, Seoul, and the front side of the passenger farm site located in the same Donsan-ri road.

As a result, the Defendant once or more times driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Evidence photographs;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the confirmation of criminal history of the same kind);

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 to prevent recidivism shall be determined in consideration of the defendant's age, environment, health conditions, etc., on the grounds of sentencing under Article 62-2 of the Criminal Act, as the defendant's criminal records of the same offense, the drinking volume of the case, and the circumstances of drinking driving;