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(영문) 광주지방법원 순천지원 2019.04.26 2019고단43
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 December 21, 2018, at around 22:30, the Defendant driven an EM5 vehicle while under the influence of alcohol concentration of approximately 0.343% in approximately 200 meters from the parking lot C located in Gwangju-si B to the road in the same way Dump studio.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. (1) Application of traffic accident reports (1) actual condition survey reports, and evidence on the scene of traffic accidents, and Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Where the reason for sentencing under Article 62-2 of the Criminal Act includes the fact that the defendant has been punished for the same kind of power, the favorable circumstances such as the fact that the defendant recognizes the crime and reflects the fact that he/she has no record of being sentenced to a suspended sentence of imprisonment or more for the same kind of crime, and the degree and place of blood alcohol concentration, the distance and place of drinking driving, whether the accident occurred, the age, character and conduct, environment, circumstances after the crime, etc. shall

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