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(영문) 광주지방법원 순천지원 2017.09.21 2017고단1176
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 December 20, 2010, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court’s Netcheon Branch on December 20, 201, and a summary order of KRW 2 million for the same crime in the same court on April 3, 2014.

On June 14, 2017, the Defendant driven a 200-meter B Poter-II truck from the Do in front of an ecological tunnel in front of the water restaurant at the time of drinking water to the road in front of an ecological tunnel at the time of drinking water, while under the influence of alcohol content of 0.074% during blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of crackdown on driving of alcohol ( June 14, 2017);

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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 punishment to prevent recidivism shall be determined in consideration of the criminal records of the defendant's same crime (two times of drinking alcohol driving and one time of unlicensed driving) and the drinking volume of this case, etc. for the reason of sentencing under Article 62-2 of the Criminal Act;

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