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(영문) 광주지방법원 순천지원 2015.05.27 2015고단364
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

On June 16, 2003, the Defendant was punished by a fine of five million won due to a violation of the Road Traffic Act (driving) in the Gwangju District Court's net support on June 16, 2003, the same court on June 5, 2007, which was punished by a fine of one million won due to a violation of the Road Traffic Act (driving) in the same court on January 18, 2008, three million won due to the same crime in the same court on January 18, 2008, and five million won due to the same crime in the same court on May 31, 2012

On February 19, 2015, around 01:57, the Defendant driven a two-way scenario in the state of alcohol alcohol level of approximately 0.180% in blood alcohol level from approximately 50 meters to the roads in front of the WYC-ro 13 BYC-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reporting on detection of any person in violation of the Road Traffic Act, details of control, report on the situation of driving under the influence of alcohol, report on the circumstantial statement of any driver under the influence of alcohol, notification of the results of the crackdown on driving under the influence of alcohol, and inquiry into the results

1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports (report accompanied by a written judgment) and statutes;

1. Article 148-2 (1) 1 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same Act applicable to the applicable criminal facts and the

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

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

1. Taking into account the following circumstances: (a) the fact that there is a high blood alcohol concentration at the disadvantage of the reasons for sentencing under Article 62-2 of the Criminal Act; (b) the fact that there is no criminal record of a stay of normal execution or higher favorable to the fact that there is a high blood alcohol concentration at the disadvantage of the reasons for sentencing; and

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