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(영문) 광주지방법원 순천지원 2017.10.19 2017고단1309

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 September 19, 2007, the Defendant issued a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 2 million as a fine in the same court on April 29, 2016.

On June 9, 2017, at around 00:15, the Defendant driven Bsch Rex motor vehicle under the influence of alcohol concentration of 0.059% in blood on the front of a pacta in the two-dong of Gwangju, Seo-gu.

As a result, the defendant has violated the prohibition on drinking more than twice, and again driven a drinking again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions: Inquiry of criminal history, investigation report (Attachment of the same criminal record as the suspect's judgment), application of summary order-related Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The punishment to prevent recidivism shall be determined in the light of the defendant's same military force and the situation of drinking driving for the reason of sentencing under Article 62-2 of the Criminal Act;