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(영문) 광주지방법원 순천지원 2019.11.29 2019고단1958
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On May 24, 2011, the Defendant issued a summary order of KRW 2.5 million at the Gwangju District Court on the grounds of the violation of the Road Traffic Act, and a summary order of KRW 6 million from the Gwangju District Court’s net support on March 15, 2016 to the same crime.

【Criminal Facts】

On July 30, 2019, at around 22:21, the Defendant driven a Clute-type car with a blood alcohol concentration of about 0.098% in the three-lane section from the front of the B apartment road in the summer-dong ecological tunnel to the front of the summer-dong ecological tunnel.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (former records and attachment of judgment), application of summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, 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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The conditions unfavorable to the defendant who recognizes his/her mistake shall be determined as ordered in consideration of the defendant's age, character and conduct, environment, health conditions, motive and consequence of the crime, circumstances after the crime, etc., which are shown in the arguments of this case, including the fact that the defendant has the history of criminal punishment for the same kind of crime, and other various sentencing conditions shown in the

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