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(영문) 광주지방법원 순천지원 2017.12.08 2017고단2294
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 September 17, 2012, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (on September 17, 2012, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (on November 14, 2013), and on March 23, 2015, the Defendant issued a summary order of KRW 3 million for the same crime at the same court.

On October 5, 2017, at around 03:45, the Defendant driven Bcoon with a alcohol concentration of about 500 meters from the front line of the 500m section to the front line of the Bosung Military Office located in the same Ri, the Defendant driven Bcoon with a alcohol concentration of about 0.126%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of a reply to inquiry, such as criminal history, and summary order-making statutes;

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. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include the fact that the defendant has frequently used his/her deputy driving in his/her usual meeting, the fact that there are no criminal records other than traffic crimes, reflects the defendant's age, sex, criminal conduct, family relationship, environment, circumstances and results of the crime, and other circumstances shown in the arguments of this case including the defendant's age, sex, family relation, circumstances after the crime, and the circumstances after the crime, etc. are determined

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