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(영문) 광주지방법원 순천지원 2018.11.02 2018고단1878
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 March 13, 2018, the Defendant was notified of a summary order of KRW 1,00,000 as a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's office on March 13, 2018, and on July 10, 2018, the Defendant was subject to suspension of indictment for the same crime at the net office of the Gwangju District Office's office on July 10, 2018.

On August 19, 2018, the Defendant driven B QM5 car under the influence of alcohol content of 0.063% in blood without a vehicle driver’s license from the front of a mutually aesthetic mountain site located in the clean clean live book at the end of the end of the year from August 19, 2018 to the front of the river located in the same side of the Haart St. 1km.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order and a decision not to prosecute) statute;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime is repeated throughout the short period of punishment under Article 62-2 of the Social Service Order Criminal Act; while, while the blood alcohol concentration is not high, there are no criminal records of imprisonment without prison labor or heavier; reflects the Defendant’s age, sex, criminal conduct, family relationship, environment, circumstances and result of the crime; and the circumstances after the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account the following circumstances.

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