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(영문) 광주지방법원 순천지원 2018.11.09 2018고단1526
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 7, 2008, the defendant was sentenced to a summary order of a fine of three million won due to a violation of road traffic law in the Gwangju District Court's net support on November 7, 2008, and on January 15, 2014, the defendant was sentenced to imprisonment for six months and two years of suspended execution.

On July 1, 2018, at around 23:55, the Defendant driven a coo vehicle in D with approximately 1 km alcohol level of alcohol level of about 0.212% in blood, from the front of the National Bank located in Shindong-dong to the ecological tunnel front of the ecological tunnel located in the same time.

Summary of Evidence

1. Statement by the defendant in court;

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

1. References to inquiries, such as criminal history, and the application of the judgment text;

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. The sentence shall be determined as ordered by comprehensively taking into account the following circumstances: (a) the fact that there was a history of being sentenced to a suspended sentence for the same kind of crime for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act; (b) the fact that the Defendant’s blood alcohol concentration is high; and (c) the Defendant’s reflects the Defendant; and (d) the Defendant’s age, sexual behavior, family relationship, environment, circumstances and result of the crime; and (c) the circumstances after the crime were committed.

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