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(영문) 광주지방법원 순천지원 2017.11.24 2017고단1495

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 December 10, 2010, the Defendant issued a summary order of KRW 3,50,00,000 as a fine for the same crime on September 22, 2014 by the same court, respectively, for a crime of violating the Road Traffic Act (drinking) at the Netcheon Branch of the Gwangju District Court.

On July 23, 2017, around 15:15, the Defendant driven a sports cargo vehicle B in the state of alcohol leveling about 0.159% of alcohol level from the section of about 1km in the direction of the 268-ro Manyang-ro 268 from the front side of the sandusbus to the front side of the same route.

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: Application of inquiries, such as criminal history, replys to inquiries, and application of Acts and subordinate statutes of two copies of summary orders;

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 sentencing of Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. shall be determined to prevent recidivism, taking into account the following circumstances: (a) the Defendant’s age, family environment; (b) the Defendant’s blood alcohol density at the time of the instant crime; (c) the driving distance at the time of the instant crime; and (d) the interval between the Defendant’s blood alcohol level at the time of the instant crime and the instant criminal record at the time; and (d) the punishment to prevent recidivism, taking into account all