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(영문) 광주지방법원 순천지원 2019.11.26 2019고단1957
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[Criminal Power] On August 24, 2011, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor for a violation of the Road Traffic Act in the Gwangju District Court’s net support.

【Criminal Facts】

On August 7, 2019, at around 08:55, the Defendant driven a e-car in the state of alcohol alcohol concentration of about 0.128% at the section of approximately 14 km from the front parking lot of the B apartment C-dong to the front of D-dong at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (Attachment of criminal records of the same kind as a suspect);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. According to the Road Traffic Act amended for the reason of sentencing under Article 62-2 of the Criminal Act, the sentence identical to the order shall be determined by comprehensively taking account of various sentencing conditions shown in the records and arguments of this case, including the following: the statutory punishment strengthened under the Road Traffic Act, the criminal records of the defendant, the criminal records of the previous drunk driving, the degree of blood alcohol concentration of the defendant at the time of driving of this case (no record of punishment for drunk driving after 201), the occurrence of the accident (in spite of the occurrence of the accident, there is no loss to human life), the driving distance of the defendant, the defendant'

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