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(영문) 광주지방법원 순천지원 2020.04.17 2019고단2821
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

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

On December 5, 2006, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (driving) at the Suwon District Court’s Eunpyeong site, etc. on November 22, 2013, imprisonment for six months and suspended execution for a violation of the Road Traffic Act (driving) at the Busan District Court’s Net Branch on November 22, 2013, and three million won due to a violation of the Road Traffic Act (driving) at the Incheon District Court’s Incheon District Court’s District Court on November 27, 2014.

On October 28, 2019, at around 01:05, the Defendant driven D B-be cruise-type car under the influence of alcohol with approximately 0.087% of alcohol content at approximately 3.5km from the roads front of the trade in the Masan-dong, Changwon-si, Changwon-si to the roads front of the Masan-dong (U.S.) to the roads front of the 3.5km of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Previous records of judgment: Application of each of the Acts and subordinate statutes of one copy, such as a criminal record, etc. inquiry report, investigation report, and summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (limited to the period of suspension of execution only once, considering the fact that the defendant transferred the vehicle several times, but does not repeat again while transferring the vehicle, and that the defendant does not have any health condition after cerebral blood transfusion in 2018, etc.);

1. Article 62-2 of the Criminal Act concerning probation or order to attend a lecture;

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