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(영문) 광주지방법원 순천지원 2015.04.10 2015고단53

도로교통법위반(음주운전)

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

[criminal power] On May 14, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Gwangju District Court’s net support on May 14, 2008. On September 17, 2010, the Defendant received a summary order of KRW 2.5 million as a fine for the same crime in the same court.

【Criminal Facts】

On January 3, 2015, at around 20:50, the Defendant driven CNS car in the state of alcohol alcohol with approximately 500 meters alcohol content 0.180% at a section of about 500 meters from the Do in front of the Doropoer, which is located in the Ordinance-dong of Macheon City, to the front road of the UN GYA club in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. The actual condition survey report;

1. On-site photographs;

1. The circumstantial report of an employee;

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

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (previous records and confirmation of a suspect), and application of Acts and subordinate statutes governing summary orders;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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, it is decided as per the Disposition in consideration of the fact that the defendant reflects the crime of this case, again the defendant is expected not to drive under the influence of alcohol, the fact that the vehicle is disposed of, and there is no criminal record of suspended execution or more.