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(영문) 광주지방법원 순천지원 2017.09.15 2017고단1325
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 February 13, 2009, the Defendant was sentenced to a fine of 2.5 million won for a crime of violating road traffic law in the Gwangju District Court's net support on February 13, 2009. On November 27, 2009, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment with labor for a crime of violating road traffic law.

[2] On June 24, 2017, the Defendant driven a BS-type car under the influence of alcohol level of about 0.196% from the 1km section of the blood alcohol level to the front road of the mountain village located in the same riro, e.g., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (a copy of the

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 sentencing of Article 62-2 of the Social Service Order Criminal Act (hereinafter “Social Service Order”) has high alcohol concentration among the bloods with the reason of sentencing, the Defendant re-offendered despite the fact that the Defendant had been subject to suspended execution of the same kind of crime, the Defendant’s reflects the fact that he was living without any previous conviction after being punished in 2009, and other circumstances shown in the arguments of this case, including the Defendant’s age, sex, sex, family relationship, environment, circumstances and results of the crime, and the circumstances after the crime, shall be determined as ordered by the order.

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