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(영문) 광주지방법원 순천지원 2018.10.19 2018고단1312

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 February 8, 2011, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch on February 8, 201, and a summary order of KRW 4 million for the same crime in the same court on March 25, 2013, respectively.

On June 9, 2018, at around 23:56, the Defendant driven a BE-ray car under the influence of alcohol leveling 0.156% from approximately 2 km to the front road of the CGV film theater located in the CGV Do in the CGV Do in the CGV Do in the CGV Do in the BE-dong.

As a result, the defendant has violated the prohibition on drinking more than twice, and again driven a drinking again.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Inquiries about the results of crackdown on driving alcohol, inquiry about criminal history, and application of Acts and subordinate statutes of a copy of a summary order;

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 punishment to prevent recidivism shall be determined by taking into account the favorable circumstances, such as the Defendant’s misjudgments against the Defendant’s wrong reasoning for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., the Defendant’s age, family environment, drinking, and the interval between the Defendant’s previous conviction and the instant crime, the degree of alcohol alcohol level, driving distance, and the circumstances after the instant crime, etc., as well as other unfavorable circumstances, such as the Defendant’s age, family environment, drinking, and the interval between the Defendant’