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(영문) 광주지방법원 순천지원 2017.08.25 2017고단637
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 September 25, 2013, the Defendant was sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act in the Gwangju District Court's Netcheon Branch on September 25, 2013, and was sentenced to a fine of KRW 2 million for the same crime in the same court on May 12, 2016.

Nevertheless, on April 4, 2017, at around 01:20, the Defendant driven a B B B B BY car under the influence of alcohol concentration of about 0.102% at a distance of about 500 meters from the pre-road of the Women's Culture Center, which is located in the YY-dong of the People's Bank of Korea, at the end of the Hancheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation reports (on the distance from driving a suspect's drinking alcohol) and investigation reports (in relation to the application of the aforementioned dmark formula);

1. A survey report on actual condition (1) (2);

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. On-site photographs of traffic accidents;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, and application of Acts and subordinate statutes of two copies of summary orders;

1. Relevant legal provisions and Articles 148-2 (1) 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. The main sentence of Article 62 (1) of the Criminal Act;

1. The sentencing of Article 59 of the Criminal Act, including the observation of protection, orders to provide community service and attend lectures, the main sentence of Article 62-2(1), Article 62-2(2), the main sentence of Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection, etc., shall be determined by comprehensively taking into account the following circumstances, the Defendant’s age, family environment, the Defendant’s blood alcohol concentration during the instant crime, the

The favorable circumstances: The defendant's act of committing the crime of this case is recognized and reflected: The defendant has the same power twice, and one year has not yet passed since he was punished for driving under drinking, and the crime of this case again commits the crime of this case, and the occurrence of a traffic accident caused by driving under drinking, causing damage to the substitute.

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