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(영문) 광주지방법원 순천지원 2018.02.02 2017고단2530
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 July 18, 2011, the Defendant was sentenced to a summary order of a fine of 1.5 million won for a crime of violating the Road Traffic Act in the Gwangju District Court's Netcheon Branch on July 18, 201, and on August 30, 2012, the Defendant was sentenced to imprisonment for 6 months and a suspended sentence of 2 years for a crime of violating the Road Traffic Act in the same court.

On November 11, 2017, the Defendant driven a B-wing vehicle from around 300 meters in the section of 300 meters away from the Doggsan Nong Agricultural Branch located in the Southern Fawho Lake-dong in the same dong, while under the influence of alcohol content of 0.086% among blood transfusions.

As a result, the Defendant, who violated the prohibition of drinking driving twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of a reply to inquiry about criminal history, a summary order, and a copy of the judgment;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2 of the Social Service Order Criminal Act includes a number of criminal records of the defendant with the same kind, while the amount of alcohol concentration is low, after 2012, there are no criminal records of drinking driving, reflectivity, the defendant's age, sexual behavior, family relationship, environment, circumstances and result of the crime, and other circumstances shown in the arguments of this case, including the circumstances after the crime, shall be determined as ordered by comprehensively taking into account.

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