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(영문) 광주지방법원 순천지원 2017.08.24 2017고단789

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 12, 2014, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court’s Netcheon Branch on May 12, 201, and KRW 3 million for the same crime at the above court on November 20, 2012.

around 00:06 on April 9, 2017, the Defendant driven a cub car in B while under the influence of alcohol content of about 0.062% at approximately 50 meters from the front of the CU convenience store located in the same Eup/Myeon to the front of the GU convenience terminal located in the same Eup/Myeon.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol, even though the Defendant had a driving force twice or more.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (verification of criminal history of the same kind), application of Acts and subordinate statutes of three copies of summary order;

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 consideration of the criminal records of the defendant with the reason of sentencing under Article 62-2 of the Criminal Act, and the drinking volume of this case, etc.;