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(영문) 광주지방법원 순천지원 2018.05.17 2018고단5

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 30, 2009, the Defendant was sentenced to a suspended sentence of ten months for a crime of violating the Road Traffic Act in the Gwangju District Court's net support on December 30, 2009, and was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act. On June 3, 2011, the Defendant was sentenced to a suspended sentence of eight months for the same court.

Nevertheless, at around 12:00 on December 16, 2017, the Defendant driven B rocketing car under the influence of alcohol concentration of about 0.187% in the section of about 5 meters from the roads before the crew platform at the same dong, or from the roads before the river before the river before the river at the summer of dry Water.

As a result, the Defendant was a person who had a driving force under drinking not less than twice, and was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same judgment attached thereto);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reasons of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into consideration the defendant's records of punishment for drinking alcohol, distance between the records of punishment, degree of alcohol between blood alcohol, circumstances leading to driving, occurrence of accidents, distance and place of drinking, his/her age, sexual behavior, environment, circumstances after crimes, etc.;