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(영문) 광주지방법원 순천지원 2018.08.30 2018고단1076
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 history] On July 2, 2008, the Defendant was sentenced to a fine of KRW 1 million as a crime of violating road traffic law (drinking driving) in the Gwangju District Court’s net support on July 2, 2008, and a fine of KRW 7 million as a crime of violating road traffic law (drinking driving) in the Gwangju District Court’s Netcheon Branch on July 30, 2012.

[Criminal facts] On May 13, 2018, the Defendant driven a vehicle with C low alcohol content of about 0.191% in the 2km section from May 13, 2018 to the road before the bones of bones, 95, Mancheon-si, Man-si, Man-si, Mancheon-si, 107, Mancheon-si.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (verification of criminal history of the same kind), and other Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a lecture or to order community service order under Article 62-2 of the Criminal Act, taking full account of the defendant's criminal records of the same punishment, the amount of alcohol concentration in blood, traffic accidents, traffic accident occurrence distance, driving distance and other various circumstances, including the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence as ordered, shall be determined.

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