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(영문) 광주지방법원 순천지원 2019.11.28 2019고단1741
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 25, 2008, the defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act in the Gwangju District Court's net support on January 25, 2008, and on June 4, 2008, the defendant was issued a summary order of KRW 2.5 million for the same crime in the same court.

At around 07:40 on July 26, 2019, the Defendant, who violated the regulations on the prohibition of drunk driving, driven a F B-be cruise car under the influence of alcohol of about 0.049% in the section of approximately 800 meters from the B apartment C-dong parking lot to the front roads D.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of inquiries, a copy of each summary order, and the Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the criminal records of the defendant (the existence and frequency of the same kind of power, the interval between the same kind of power, etc.), the nature of the crime in this case, the degree of blood alcohol concentration of the defendant at the time of driving in this case, the circumstances leading up to the crime in this case, the time between the time of drinking and the time of driving, and whether the defendant's reflects on the conditions of sentencing as shown in the records and arguments of this case shall be determined by taking

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

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