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(영문) 광주지방법원 순천지원 2018.11.29 2018고단1286
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 26, 2009, the Defendant issued a summary order of KRW 700,000,000 for a fine due to a violation of the Road Traffic Act (drinking driving), on September 1, 2009, a summary order of KRW 2.5 million for a fine due to the same offense in the same court, and on September 3, 2010, a summary order of KRW 3 million for the same offense in the same court, etc.

On June 2, 2018, the Defendant driven a e-learning car while under the influence of alcohol leveling 0.132% of blood alcohol leveling from around 100 meters to the road front of D Farmwon, around 02:00.

As a result, the Defendant violated the prohibition of drinking alcohol driving regulations at least twice, but was driving a drinking.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction in judgment: Application of a reply to inquiry, and a copy of each summary order;

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. In full view of the criminal records of the defendant for the reason of sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation, the degree of alcohol concentration of the defendant's blood during the driving of the case, the background of the crime in this case, driving distance, the reflectivity of the defendant, family relationship, health status, etc., and the various sentencing conditions as stated in the records and arguments on the changes in the text

It is so decided as per Disposition for the above reasons.

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