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(영문) 광주지방법원 순천지원 2019.07.03 2019고단854

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

[criminal power] On June 12, 2009, the defendant was issued a summary order of 7 million won by the Seoul Western District Court due to a violation of the Road Traffic Act (driving). On December 1, 2006, the defendant was issued a summary order of 1 million won due to a crime of violation of the Road Traffic Act (driving) at the Busan Western District Court's Branch Branch of the Incheon District Court.

【Criminal Facts】

On April 7, 2019, at around 23:48, the Defendant driven B rocketing car under the influence of alcohol concentration of about 1 km from the side of the Cropic fire fighting station located in the Cropic Dong to the road in front of the ecological tunnel located in the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Written appraisal of blood alcohol concentration;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act;

1. The sentence as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the high alcohol content of the reasoning of sentencing under Article 62-2 of the Criminal Act; (b) the fact that there are several kinds of records of the same kind of records; (c) the defendant's age, character and conduct, environment, occupation, motive and consequence of the crime; and (d) the sentencing conditions specified in the records and trial process, including the circumstances after the crime, etc.