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(영문) 광주지방법원 순천지원 2019.01.23 2018고단2218

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 March 25, 2013, the Defendant issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act at the Netcheon Branch of Gwangju District Court, and on August 5, 2008, issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act.

On October 19, 2018, at around 08:06, the Defendant driven a DNA car under the influence of alcohol with approximately 3 km from the front of the C convenience store located B in the summer-si to the front road of the 2nd office building in the summer-si in the summer-si in the summer-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and the results of the control of drinking driving ( October 19, 2018);

1. Previous convictions indicated in its judgment: The application of Acts and subordinate statutes to the inquiry into the results of the control of drinking driving ( December 28, 2012), the inquiry into the results of the control of drinking driving ( June 24, 2008), and criminal records inquiry;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Probation, orders to provide community service and attend lectures, Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Probation, etc. Act, conditions unfavorable to the defendant, such as the fact that the defendant reflects his/her wrongness, etc., the defendant's age, family environment, drinking run criminal records and two times his/her previous convictions, and other conditions of sentencing to prevent recidivism, taking into account the defendant's age, the distance between his/her previous convictions and his/her previous convictions at the time of committing the instant crime,