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(영문) 광주지방법원 해남지원 2017.10.19 2017고단317
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 August 4, 2017, the Defendant, while under the influence of alcohol of 0.30% from around 10:30, the Defendant driven B bus at approximately 6km from the front of a restaurant with a Korean-style plastic bag article in front of a restaurant to the front road of the 246 North Jindo-gun, Jindo-gun, located in the 246-do-gun-gun-gun-gun-gun-gun-gun-gun-gun-gun-gun-gun, with a view to alcohol concentration of 0.30%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver making a drinking and report on the results of drinking control;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Relevant Article of the Act and Articles 148-2 (2) 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, who had been punished twice due to drinking driving, once again driven a drinking alcohol.

In addition, when an accident occurs in the state of high alcohol concentration in blood, there is a high possibility of criticism against the defendant in that he/she driving a bus with a high risk of human life damage, etc.

Considering the above circumstances, the defendant should be punished strictly, but the defendant has no record of being punished in excess of the fine due to drinking driving until he/she has yet to be punished, and the suspension of execution shall be sentenced only once in consideration of the fact that he/she reflects his/her mistake.

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