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(영문) 광주지방법원 순천지원 2018.06.15 2018고단502
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than nine months.

Reasons

Punishment of the crime

On February 14, 2018, at around 12:50, the Defendant driven a BN-si car in the state of alcohol alcohol concentration of approximately 0.240% from the 1km section to the road front of the “fluence elementary school” located in the Suncheon-si Sacheon-si Sacheon-si, the Defendant driven a BN-si car in the state of under the influence of alcohol content of around 1km.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Inquiries about the results of crackdown on driving alcohol and the application of Acts and subordinate statutes of reports on the circumstances of drivers;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the accused has three times the previous convictions of drinking alcohol (two times among them are driving without a license and are punished by a suspended sentence of imprisonment).

One of them is sentenced to punishment in consideration of the fact that the defendant's blood alcohol concentration is very high at the time of the crime.

The punishment as ordered shall be determined by taking into consideration the above circumstances and favorable circumstances, such as the defendant's previous conviction, age, family environment, the same criminal record and the time interval of the crime of this case, drinking distance, and the circumstances after the crime.

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