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(영문) 광주지방법원 순천지원 2015.06.18 2015고단286

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 June 21, 2010, the defendant was notified of a summary order of 1.5 million won for the crime of violation of the Road Traffic Act in the Gwangju District Court's net support on June 21, 2010, and on December 29, 2010, the same court was sentenced to a suspended sentence of 2 years for the crime of violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and sentenced to a suspended sentence of 8 months.

On February 22, 2015, at around 23:03, the Defendant driven a rocketing car under the influence of alcohol content of approximately 0.087% from the 300-meter section of the blood alcohol content from the 6-dong apartment buildings of the 6-dong, Young-dong to the front day of the river of Korea at the time of leisure.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act on the stay of execution (the latest same kind of power is not less than four years, and it is not higher than the amount of drinking alcohol and it is against the principle of good faith);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;