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(영문) 광주지방법원 순천지원 2015.02.27 2014고단2164

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six 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 was punished by a fine of 1.5 million won for a violation of the Road Traffic Act in the Gwangju District Court's net support on February 8, 201, and 2013

5. 31. The same court has the record of being sentenced to a fine of three million won for the same crime.

On December 11, 2014, at around 00:05, the Defendant driven a B observer car with approximately 10 meters alcohol concentration 0.110% under the influence of alcohol without a vehicle driver’s license from the Do in front of the Western Democratic Point in the Municipal Ordinance of 00:05 to the front road of the non-wing elementary school located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of summary order statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the reasons for the punishment in prison);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the crime of this case even though he had a record of punishment for the same kind of drinking driving on several occasions, and the nature of the crime is heavy.

However, the execution of imprisonment shall be suspended only once in consideration of the fact that the defendant reflects the crime of this case and again is expected not to drive under the influence of alcohol.