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(영문) 광주지방법원 순천지원 2019.02.20 2018고단2286
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 10, 2018, at around 21:43, the Defendant driven a B-hand car in the state of alcohol with approximately 50 meters alcohol concentration of 0.248% from the front of the main place where it is impossible to identify the trade name in the female cremation ward, to the front of the Sungsan Park, which is located in the female cremation ward.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the reporting on the circumstantial statements of a drinking driver, and the control of drinking driving;

1. Relevant Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. The reason why the sentencing of the alternative sentence of imprisonment with prison labor is short, and the defendant reflects his mistake, etc. shall be considered as a favorable condition; and

On the other hand, considering the fact that the defendant has a criminal record of drunk driving, that the defendant has already been punished for a suspended sentence of imprisonment due to drunk driving, and that the defendant's blood alcohol concentration is very high at the time of committing the crime, it shall be considered disadvantageously.

In addition, the sentencing conditions, such as the defendant's age, family environment, the same criminal record and the distance between the time of the crime of this case, and the circumstances after the crime, shall be determined as ordered.

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