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(영문) 광주지방법원 순천지원 2015.10.28 2015고단1876
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 30, 2009, the Defendant was sentenced to a summary order of two million won due to a violation of the Road Traffic Act (driving) by the Changwon District Court. On April 8, 2010, the Defendant was sentenced to a fine of three million won due to the same crime in the Changwon District Court’s territorial branch on April 8, 2010, and was sentenced to a fine of three million won due to the same crime at the Changwon District Court on September 17, 2010.

On August 27, 2015, at around 11:15, the Defendant driven a 125c motor bicycle under the influence of alcohol concentration B 0.279% while under the influence of alcohol with a distance of about 5 kilometers up to the front of the Samsung Apartment apartment, which is located in the front of the instant cafeteria, in front of the instant cafeteria which is located in the Suncheon-si, Seocheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol drivers, and inquiry into the results of crackdown on drinking;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to the same type of electric records, etc.), judgment, and application of statutes, such as judgment;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and 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. In full view of the fact that there is no criminal record of the same kind of suspended execution or more than the fact that there is a high level of blood alcohol concentration in the circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, and that there is no other criminal record of the same kind of crime in violation of the Road Traffic Act, and that there is no other criminal record of the same kind of crime above the suspended execution or other all the sentencing conditions

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