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(영문) 광주지방법원 순천지원 2018.06.28 2018고단277
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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 May 30, 2012, the Defendant considered a summary order of KRW 1,50,00 as a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court’s Net Branch on May 30, 2012, and the facts charged on December 31, 2008, “21(d)” as “21(d) of the facts charged.” As such, even though there was any history of violating the prohibition of drinking regulations on drinking more than twice by issuing a fine of KRW 4 million for the same crime, such as issuing a summary order of KRW 4 million for the same crime, the Defendant driven another car under the influence of alcohol level from approximately 300 meters to the front of the Busan District Court in the direction of the Busan District Court at approximately 00 meters of alcohol level in the direction of the relevant 300 meters and from January 13, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous conviction in judgment: Application of a reply to inquiry, and a copy of each summary order;

1. Relevant legal provisions and Articles 148-2(1)1 and 44(1) of the Road Traffic Act concerning the crime of this case, the choice of imprisonment for the crime of this case ( Consideration of the nature of the crime of this case, the criminal records of the defendant, etc.);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small quantities (see, e.g., the degree of the defendant's blood alcohol concentration at the time of driving of the instant case, and the fact that the defendant's mistake reflects on his/her blood, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. It is so decided as per Disposition on the grounds of not less than Article 62-2 of the Criminal Act for protection observation;

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