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(영문) 광주지방법원 순천지원 2014.05.23 2014고단296
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On June 26, 2007, the defendant was sentenced to a summary order of KRW 1 million for the crime of violating the Road Traffic Act in the Gwangju District Court's net support on June 26, 2007. On November 22, 2007, the defendant was sentenced to a suspended sentence of imprisonment for 8 months for the same crime in the same court.

【Criminal Facts】

On February 24, 2014, at around 17:38, the Defendant driven CM5 car while under the influence of alcohol content of 0.206% from the Do in front of the new malart, which is in the national highway at the national highway, to the front and front of the road in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. A traffic accident report (1) and (2) a actual survey report;

1. The circumstantial statement of the employee;

1. A certificate proving the measurement of drinking alcohol and the collection of blood;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. Although the defendant had a record of punishment for the punishment of probation, community service, or lecture attendance order under Article 62-2 of the Criminal Act several times, he/she again committed the crime of drinking alcohol driving in this case, and the nature of the crime is not weak.

However, in consideration of the fact that the defendant reflects the crime of this case, supports his family members, and helps not drive drinking again, the execution of imprisonment with prison labor sentenced to the defendant shall be suspended for a limited period of time.

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