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(영문) 광주지방법원 순천지원 2017.05.17 2017고단47
도로교통법위반(음주운전)등
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 January 4, 2017, the Defendant driven a Ccoon-Ban cargo vehicle while under the influence of alcohol content of 0.056% while under the influence of alcohol content at around 0.056%, from the front of the Defendant’s house located in Bosung-gun B to the front road of the same 61-ro f1 Eup red rocks.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver in charge of drinking and notification of the result of regulating drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to the next inquiry;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. The sentencing of 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. shall be determined by comprehensively taking into account the favorable circumstances, such as the fact that the Defendant recognized the instant crime and reflects on the recognition of, and against, the criminal records of the Defendant due to drinking, driving without a license, and other unfavorable circumstances, such as the Defendant’s age, environment, the Defendant’s blood alcohol concentration during the instant crime, drinking and the distance of driving without a license, and the most recent punishment of the Defendant for violating the Road Traffic Act, and the time interval between the instant crimes, etc., a punishment to prevent recidivism shall be determined only once.

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