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(영문) 광주지방법원 순천지원 2019.11.21 2019고단2182
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 power] On May 31, 2013, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court.

【Criminal Facts】

On September 9, 2019, at around 23:28, the Defendant driven a motor vehicle B B in the state of alcohol alcohol concentration at approximately 0.129% while under the influence of alcohol at approximately 7 km from the front of the Suyang Tro-ray, in the same time, to the ecological tunnel front road in the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous records before ruling: Application of criminal records, repeated statements and investigation reports (attached to summary orders)-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. According to the amendments to the grounds for sentencing under Article 62-2 of the Criminal Act, the statutory punishment strengthened by the Road Traffic Act, the same criminal records of the defendant, the time interval with the previous drinking driving force of the defendant, the degree of blood alcohol concentration of the defendant at the time of driving of the case, whether the accident occurred, whether the defendant's driving distance, whether the defendant's family relation is against the defendant, etc., shall be determined by comprehensively taking account of the various sentencing conditions

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