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(영문) 광주지방법원 순천지원 2018.08.09 2018고단1152
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 9, 2007, the defendant was sentenced to a fine of KRW 2.5 million for a crime of violation of the Road Traffic Act (dacting driving) and violation of the Road Traffic Act (dacting driving without license) at the Busan District Court on May 9, 2007, and a person who was sentenced to a fine of KRW 5 million for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (dacting Vehicles) at the Gwangju District Court on July 9,

[2] On May 2, 2018, the Defendant driven B Poter truck under the influence of alcohol content of 0.066% while under the influence of alcohol without obtaining a driver’s license from the front of the luminous middle school distance in the Magyang-si, the Magyang-si, the Magyang-si, to the lugular bridge located in the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of written inquiries about criminal history 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. According to Article 62(1) of the Criminal Act of the suspended sentence, comprehensively taking into account the following circumstances: (a) the Defendant’s history of the same punishment for sentencing under Article 62(1) of the Criminal Act; (b) volume of alcohol content in blood; (c) whether the occurrence of traffic accidents occurs; and (d) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc.,

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