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(영문) 광주지방법원 순천지원 2018.12.20 2018고단1787
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 24, 2006, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating road traffic law (drinking driving), and on April 21, 2008, a summary order of KRW 4 million for the same crime, etc. in the Gwangju District Court’s net support.

Although the Defendant had been punished for drinking driving twice as above, on August 12, 2018, the Defendant driven B Poter vehicle under the influence of alcohol with approximately 0.277% alcohol concentration from the front of the branch school of the mountain water in the mountain village in the mountain of the mountain water at the expense of the same 3km from August 12, 2018 to the front of the same 3km.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written appraisal of alcohol during blood;

1. Previous conviction in judgment: Application of a reply to inquiry, and a copy of each 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. In full view of the criminal records of the defendant for the reason of sentencing under Article 62-2 of the Social Service Order Act, the criminal records of the defendant, the nature of the crime of this case, the degree of alcohol concentration of the defendant's blood at the time of driving of this case, the control background of the crime of this case, driving distance, the defendant's reflectivity, family relation, etc., and the various sentencing conditions as indicated in the records and arguments of this case shall be determined

It is so decided as per Disposition for the above reasons.

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