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(영문) 광주지방법원 순천지원 2019.10.21 2019고단1606

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On June 29, 2007, the Defendant issued a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act (refluence of measurement) at the Daegu District Court Kimcheon Branch. On January 14, 2009, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act (refluence of noise) at the Daegu District Court’s Branch Branch on April 6, 201, and issued a summary order of KRW 3 million for a violation of the Road Traffic Act (refluence of noise) at the Daegu District Court’s Branch on April 6, 201, and on March 31, 201, a person who violated Article 44(1) or (2) of the Road Traffic Act at least twice.

On July 17, 2019, at around 00:55, the Defendant driven Btop car in the state of alcohol alcohol concentration of about 0.122% from a section of approximately 100 meters in front of the cross-defluence road in the Municipal Ordinance of Macheon-si to the pre-fluence road of the Municipal Ordinance of Mancheon-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (including confirmation of criminal records of the same kind of suspect and accompanying materials);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The conditions unfavorable to the defendant who recognized his/her mistake shall be determined as ordered in consideration of the defendant's age, character and conduct, environment, health conditions, motive and consequence of the crime, circumstances after the crime, etc., which are shown in the arguments of this case, including the fact that the defendant has been subject to several criminal punishments for the same kind of crime;