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(영문) 광주지방법원 순천지원 2018.12.13 2018고단1966

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

[criminal history] On November 19, 2010, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and on May 4, 2016, the Defendant was issued a summary order of KRW 2 million for the same crime.

[2] On September 3, 2018, the Defendant, while under the influence of alcohol level of 0.072% among the blood transfusion around 23:08, run a B rocketing car at approximately 4 km from the front of the hospital to the back of the revolving rock distance in lightyang-si ro (Ordinance Dong Dong).

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and investigation reports-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 imprisonment for a crime;

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. For the reasons of sentencing under Article 62-2 of the Criminal Act, the punishment shall be determined as ordered by taking into consideration the defendant's records of punishment for drinking alcohol, distance between the records of punishment, degree of alcohol, circumstances leading to driving alcohol, occurrence of accidents, distance and place of drinking, his/her family relation, age, sexual behavior, environment, circumstances after the crime, etc.