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(영문) 광주지방법원 순천지원 2018.08.06 2018고단920

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 March 23, 2011, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act in the Gwangju District Court’s Netcheon Branch on March 23, 201, and was sentenced to a fine of four million won for the same crime in the same court on November 16, 2016.

On March 15, 2018, the Defendant, at around 15:10, driven a drinking again, even though he/she has violated the prohibition of drinking alcohol driving on at least two occasions, by driving a C body-man car under the influence of alcohol level of about 0.241% at about 50 meters from the front of the 50 Camin apartment road in the city of Suncheon-si to the front of the 50 Camin apartment road in the 500-ro 50 meters-si, Suncheon-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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

1. The sentencing of Article 62-2 of the Social Service Order Criminal Act is highly high, while the defendant has no record of punishment exceeding a fine due to the same kind of crime, the defendant's age, sex, sex, family relationship, environment, circumstances and result of the crime, and other circumstances shown in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered by comprehensively taking into account.