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(영문) 광주지방법원 순천지원 2017.06.21 2017고단294
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 November 23, 2016, the Defendant received a summary order of KRW 1,500,000 as a crime of violating the Road Traffic Act (drinking driving) from the Gwangju District Court's Netcheon Branch on November 23, 2016, and filed a petition for a summary order with the same court on January 17, 2017, and is currently pending trial.

On January 26, 2017, the Defendant driven a B rocketing car under the influence of alcohol content of 0.071% during blood while driving a motor vehicle in the direction of about 100 meters from the front of the Shsawp coffee shop to the front road of the motor vehicle tax located in the same city 1-ro kn.m., the Defendant, at around 01:36 on 1, 2017, while driving a motor vehicle under the influence of alcohol content of 0.071% during blood.

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. The driver's license ledger;

1. Detection site photographs;

1. Previous convictions in judgment: A reply to inquiries, such as criminal history, summary order, and application of each one of the Acts and subordinate statutes in indictment;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2(1) and (2) of the Criminal Act, the main sentence of Article 62-2(1) and the main sentence of Article 62-2 of the Social Service Order and Order to attend a lecture, and Article 59 of the Act on the Observation, etc. of Protection, etc., shall be determined by comprehensively taking into account the following circumstances as well as the Defendant’s age, family environment, and the Defendant’s blood alcohol concentration at

The favorable circumstances: The distance between drinking and unlicensed driving is relatively short; the defendant recognized the crime of this case and reflects it: the defendant has the same record as the defendant; and the defendant is driving and driving without the license on January 4, 2017.

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