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(영문) 광주지방법원 순천지원 2017.10.18 2017고단899
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

From April 30, 2017 to June 18, 2017, the Defendant was under the influence of the driver’s license, but around May 16, 2017, the Defendant driven B-II cargo under the influence of alcohol content of approximately 0.178% in blood during the 500-meter section from the road near CDI’s company house located in SDR located in Samsung-dong at the same time.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of 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 reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., of Social Service and Order to Attend, shall be determined by taking into account the following circumstances: (a) the Defendant’s favorable circumstances such as recognizing and reflecting the instant crime; (b) the Defendant’s previous conviction due to drinking or non-licensed driving, etc.; and (c) the Defendant’s age, health conditions; (d) family environment; (e) the Defendant’s alcohol concentration during his blood at the time of the instant crime; (e) the driving distance of drinking or non-licensed driving; and (e) the

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