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(영문) 광주지방법원 순천지원 2018.10.12 2018고단1508
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 March 17, 2016, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court’s Netcheon Branch on March 17, 2016, and a fine of KRW 2 million for a crime of driving on the road in March 13, 2018.

On June 28, 2018, at around 02:35, the Defendant driven a brenife vehicle under the influence of alcohol content of approximately 0.106% from the 4km section to the road front of the oil station in the summer-dong river in the summer-dong, Scamburg-si, in the direction of alcohol content of around 0.106%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. References to inquiries, such as criminal history, and application of Part II of the 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. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the Defendant’s age, sex, family relationship, environment, circumstances, and result of the crime, etc.; (b) the Defendant’s age, sex, family relationship, environment, circumstances after the crime, etc., without having been sentenced to imprisonment without prison labor or heavier punishment for the reason of sentencing under Article 62-2 of the Social Service

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