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(영문) 광주지방법원 순천지원 2017.02.01 2016고단2431
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

[criminal history] On August 4, 2009, the Defendant received a summary order of fine of two million won for a crime of violating road traffic law (drinking driving) from the Gwangju District Court's net support on August 4, 2009, and a summary order of fine of four million won for a crime of violating road traffic law (drinking driving) from the Gwangju District Court's net support on October 10, 2013.

[2] On November 10, 2016, the Defendant driven the B-wing truck at approximately 200 meters from the front of the wireless point of Stop Stop, Stop, Stop, 55, Stop, Stop, 0.140% of alcohol level, while under the influence of alcohol level of 0.140% among the blood transfusion around 01:50 on November 10, 2016 to the front road of the same city-based 68.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. An investigation report on the actual condition of a traffic accident, and evidence and photographs of the scene of a traffic accident;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment as ordered shall be determined by taking into consideration the favorable circumstances, such as the fact that the protection and observation and attendance order under Article 62-2 of the Criminal Act significantly high alcohol concentration in the blood of the reason for sentencing, the fact that there exists a history of punishment for the same kind of crime, or the fact that the defendant recognized the crime and reflects the fact that the defendant has no record of suspended execution or more severe punishment, and other favorable conditions of sentencing

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