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(영문) 광주지방법원 순천지원 2018.09.06 2018고단1321
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

On January 8, 2007, the Defendant was issued a summary order of KRW 500,000,000 as a fine for a violation of road traffic law in the Gwangju District Court's Netcheon Branch, and KRW 1 million as a fine in the same court on March 17, 201, respectively.

On June 9, 2018, at around 22:07, the Defendant driven a C rocketing car in the state of alcohol concentration of about 0.080% from the 1km section from around the cafeteria, which is in front of the cafeteria, to the third-distance road.

Accordingly, even though the Defendant had been punished for drinking driving more than twice, he again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. In full view of the following circumstances: (a) the Defendant’s history of the same punishment for sentencing under Article 62(1) of the Criminal Act; (b) volume of alcohol content in blood; (c) whether a traffic accident occurred; (d) the distance of driving a motor vehicle; and (e) the Defendant’s age, sex, sex, environment; (e) motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., the sentence as ordered shall be determined.

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