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(영문) 광주지방법원 순천지원 2018.07.19 2018고단669

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 10, 2010, the Defendant issued a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act in the Gwangju District Court's Netcheon Branch, and on February 19, 2016, the same court issued a summary order of KRW 3 million as a fine for the same crime.

On March 15, 2018, around 21:43, 2018, the Defendant driven Bho-do under the influence of alcohol concentration of about 0.093% in the blood alcohol level at approximately 400 meters from the front of the Yacheon-si “Yacheon-si” road to the front of the “Yacheon-si Dong-dong” road.

As a result, the defendant has been driving a drinking again even though he has violated the prohibition on drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous conviction in judgment: Application of a reply to inquiry, and a copy of each summary order;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of imprisonment with prison labor ( Consideration of the criminal records, etc. of the accused);

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate the amount of small work (see, e.g., the driving distance in this case, the family relationship of the defendant, and the fact that the defendant commits an error);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. It is so decided as per Disposition on the grounds of not less than Article 62-2 of the Criminal Act for protection observation;