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(영문) 광주지방법원 순천지원 2017.11.23 2017고단1892

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 5, 2007, the defendant was sentenced to imprisonment with prison labor for 6 months, suspended sentence one year, January 16, 2009 by the same court as the same crime and 8 months of suspended sentence and 3 years of suspended sentence and 2 times of violation of the provision on prohibition of drinking driving.

On August 12, 2017, the Defendant driven a lele car under the influence of alcohol leveling 0.090% of alcohol leveling from approximately 10km section from the front of the sexual apartment house located in the Gyang city square to the roads near the new gold reservoir located in the Gyang-si river.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (not less than twice drinking driving records), and application of Acts and subordinate statutes in duplicate 2 of the judgment;

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. Although the reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and the order to attend lectures are two times the period of probation, the defendant has no same record of force after being tried in 2009.

The drinking volume of this case is also very high.

In addition, the sentencing conditions, such as the age, family environment, and disability of the defendant, were determined by comprehensively considering the sentencing conditions.