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(영문) 광주지방법원 순천지원 2019.02.08 2018고단2262
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 22, 2018, at around 22:50, the Defendant driven a Daren 2.0 car under the influence of alcohol level of approximately 1.9km from the front of the C main point in the Mayang-si B to the front road of the Mdong Egsan Sports Park in the Mayang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (verification of the distance from driving) and E guidance;

1. Application of Acts and subordinate statutes to a report on the results of the control of drinking driving and the circumstantial statement of drinking drivers;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Probation, community service order and education order under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, Article 59 of the Probation, etc. Act has three times a criminal record of drunk driving, which is disadvantageous to the defendant at the time of committing the crime, such as the fact that the defendant's blood alcohol level is very high at the time of committing the crime, two times a criminal record of drunk driving has committed ten years prior to the date of committing the crime in this case, which is favorable to the defendant, such as the fact that the defendant reflects his mistake, and other conditions of sentencing such as the criminal record, age, family environment, recent criminal record of drunk driving and the interval of hours of the crime in this case, distance of drunk driving, and circumstances after committing

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