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(영문) 광주지방법원 순천지원 2017.11.01 2017고단1326
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 June 27, 2017, around 02:05, the Defendant driven B K5 cars with alcohol content of 0.218% from a portion of approximately 1km to the third distance of the company house located in the same city from the public parking lot in the same city, which was located in the river in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Relevant Article of the Act and Articles 148-2 (2) 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 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of the Defendant’s Drinking for the reason of sentencing, including the occurrence of traffic accidents due to the Defendant’s driving of drinking, the fact that the Defendant’s blood alcohol concentration is very high at the time of the instant crime, there is no criminal record against the Defendant, favorable circumstances, such as the Defendant’s recognition of and reflect on the instant crime, and other favorable conditions of sentencing, including the Defendant’s age, family environment, drinking distance, and circumstances after the instant crime, etc., shall

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