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(영문) 광주지방법원 순천지원 2018.03.22 2017고단2514
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 October 15, 2010, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch, and KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Jeonju District Court on June 16, 2014.

Nevertheless, at around 20:20 on November 14, 2017, the Defendant driven B rocketing car under the influence of alcohol concentration of about 0.182% at a section of about 100 meters from the 100-meter alcohol level to the front road of the front road of the 5040-round Myeongjin-gun, the land of the Republic of Korea located in the Gu, the Gu, Caling a Healton-gun.

Accordingly, the defendant, who has a driving force of drinking more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous conviction in judgment: Application of a reply to inquiry, and a copy of each 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. In full view of the records of this case and the various sentencing conditions indicated in the theory of changes, such as the Defendant’s criminal records for the reason of sentencing under Article 62-2 of the Social Service Order Act, the Defendant’s blood alcohol concentration at the time of driving of this case, the driving distance at the time of the instant case, and the Defendant’s mistake, etc., the sentence like the text shall be determined.

It is so decided as per Disposition for the above reasons.

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