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(영문) 광주지방법원 해남지원 2018.02.22 2017고단403
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 22, 2017, the Defendant driven a B 300-meter truck at the section of B 300 meters from the front road of the Dogin Dogin Dog-gun, the area of which is located in the area of 0.115 percent alcohol during blood transfusion, while under the influence of alcohol at around 16:10 percent, to the front road of the Dogin Dog-gun, Jindo-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under drinking, report on the circumstances of the driver under driving under drinking, notification on the results of crackdown on driving under drinking, and inquiry about the results of crackdown on driving under drinking

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, once driving under the influence of alcohol, once again driving under the influence of alcohol.

Although it should be strictly punished, considering favorable circumstances such as the defendant's reflection of his mistake, the fact that he has no record of punishment exceeding the fine, the support for his family, etc., and taking into account all the factors of sentencing revealed in the trial process of this case, such as the defendant's age, sex, environment, background of the crime, circumstances after the crime, etc., and determining the punishment as ordered.

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