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(영문) 광주지방법원 순천지원 2018.09.06 2018고단1332

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.


Punishment of the crime

【Criminal Force” On April 6, 2016, the Defendant was sentenced to a fine of one million won for a crime of violating road traffic law in the Gwangju District Court’s net support on April 6, 2016, and was sentenced to a fine of five million won for a crime of violating road traffic law in the same support on August 19, 2016.

【Defendant Inasmuch as he was punished for drinking driving two times on May 19, 2018, Defendant 1 driven a Cri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-dong

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (verification of criminal history of the same kind), and other Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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. Taking full account of the following circumstances: (a) Defendant’s records of the same punishment for sentencing under Article 62-2 of the Criminal Act for taking lectures and community service order (a fine by drinking alcohol driving only twice in 2016); (b) blood alcohol concentration; (c) traffic accident occurred; (d) the distance from driving alcohol; and (e) Defendant’s age, sexual behavior, environment, motive, means and consequence of the crime; and (e) the sentencing as indicated in the instant records and theories, including circumstances after the crime, etc., the sentence shall be determined as ordered.