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(영문) 광주지방법원 순천지원 2017.12.15 2017고단1701
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 November 30, 2012, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Seocheon Branch of the Gwangju District Court on November 30, 2012. On March 21, 2017, the Defendant issued a summary order of KRW 1.5 million for the same crime at the same court.

On July 27, 2017, the Defendant driven B Poter cargo under the influence of alcohol concentration of about 500 meters from the upstream of the Yacheon-si, Yacheon-si, Yacheon-si, Yari-si, Yari-si, Yari-ri, Yari-ri, Yari-ri, Yari-ri, Yari-ri, Yari-ri, Yari-ri, Yari

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of summary order;

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. 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 punishment as ordered shall be determined by taking into account the following circumstances: (a) the sentencing period under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service and Order to Attend twice; (b) the Defendant once driving alcohol again on February 27, 2017; (c) the circumstances unfavorable to the Defendant, such as the Defendant’s recognition of and reflect on the offense; (d) the driving distance of drinking is relatively short; and (e) the Defendant’s age, family environment; (e) the Defendant’s blood alcohol concentration at the time of the instant offense; and (e) the time interval between the same criminal record and the instant offense.

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