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(영문) 광주지방법원 순천지원 2017.09.21 2017고단942
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 June 4, 2008, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), KRW 1.5 million for the same crime in the same court on June 21, 2010, KRW 3.5 million for the same crime in the same court on November 12, 2010, KRW 3.5 million for the same crime, and KRW 7 million for the same crime in the same court on November 14, 2013.

On February 27, 2017, the Defendant driven C K7 car under the influence of alcohol content of approximately 0.173% in a section of about 10 meters from the day before the collection of the fishery market frequency to the day before the growth village, at the time of net salary, to the day before the growth village, at around 23:40 on February 27, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (Attachment of a summary order of the same kind of force), application of Acts and subordinate statutes attached to summary order 4;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has a large number of identical records for the reason of observing protection and attending lectures, and that drinking is considerably high is disadvantageous to the defendant.

However, since the distance of the defendant's driving is short and the driving circumstances are considered, a punishment was imposed to prevent recidivism.

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