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(영문) 광주지방법원 순천지원 2019.03.21 2018고단2556
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On October 23, 2007, the Defendant received a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act, on November 2, 2009 in the above court as the same crime, and on March 25, 2013, as the above court received a fine of KRW 5 million as a fine for the same crime.

On November 18, 2018, around 21:27, the Defendant driven a rocketing car in the state of alcohol with approximately 500 meters alcohol concentration of 0.120% from the Do in front of C’s house located in C’s house located in C’s house located in C’.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous conviction in judgment: The application of Acts and subordinate statutes by inquiry;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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. In full view of the criminal records of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, the degree of blood alcohol concentration of the defendant at the time of driving of the instant case, the circumstances after the instant crime, the reflectivity of the defendant, and the family relationship, the sentence identical to the order shall be determined.

It is so decided as per Disposition for the above reasons.

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