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(영문) 광주지방법원 순천지원 2019.11.21 2019고단2159
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 August 21, 2015, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Gwangju District Court’s net support on August 21, 2015

【Criminal Facts】

On August 31, 2019, at around 23:33, the Defendant driven a D Sti-type car in the state of alcohol alcohol 0.127% at a section of approximately 500 meters from the front of a restaurant where it is impossible to know the trade name in the Orcheon-si District, Macheon-si to the front of C in the Ycheon-si, the Defendant driven the D Sti-type car in the state of alcohol 0.127%.

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 convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind of suspect);

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of imprisonment, 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. 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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