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(영문) 광주지방법원 순천지원 2017.11.23 2017고단1874
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 August 19, 2016, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch on August 19, 2016, and a summary order of KRW 1 million for the same crime in the same court on March 22, 2016.

On August 17, 2017, the Defendant driven a BShalog car with alcohol content of 0.129% under the influence of alcohol level 0.129%, from the roads near the Socheon Village located in the Gicheon-gun, Gicheon-gun, Gicheon-gun, Gungcheon-gun, to the large entertainment intersection located in the same area.

Ultimately, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of a 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 reason for sentencing of Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures is that the defendant was responsible for driving three times in a very short period of time, but considering the fact that drinking value is very high, a punishment was determined to prevent recidivism.

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