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(영문) 광주지방법원 순천지원 2019.10.21 2019고단1633

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 November 13, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act in the Gwangju District Court’s net support on November 13, 2008, and a person who had a record of being sentenced to a fine of KRW 1 million for the same crime in the same court on March 2, 2014.

【Criminal Facts】

On May 6, 2019, at around 18:30, the Defendant driven a 5-day-day-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-child-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based

Accordingly, the defendant was a person who had a driving force twice or more, and re-driving the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol, a criminal investigation report (official application of the Ba mark), and a report on the detection of a primary driver;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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. Circumstances in favor of the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances unfavorable to the defendant's erroneous recognition of his/her mistake: The defendant has a record of criminal punishment for the same kind of crime several times, and the defendant's age, character, character, environment, health conditions, motive and consequence of the crime, etc., and the conditions of various sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered by