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(영문) 광주지방법원 순천지원 2019.11.28 2019고단1774
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 29, 2012, the defendant was sentenced to a fine of KRW 7 million due to the violation of the Road Traffic Act in the Gwangju District Court's net order support on November 29, 2012 and was four persons with the same drinking skills.

Nevertheless, at around 07:12 on June 26, 2019, the Defendant driven a F Costaex in the state of alcohol 0.239% alcohol concentration at approximately 700 meters from the 700-meter section to the front road located in D in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Inquiries into inquiries and the application of a copy of judgment;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, 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. Probation and community service order Article 62-2 of the Criminal Act: The defendant's criminal records (the existence and frequency of the same kind of force, the time interval with the immediately preceding same kind of force, etc.); degree of blood alcohol concentration of the defendant at the time of driving of the instant case; circumstances leading to the occurrence of the instant crime; circumstances after the instant crime; whether the defendant's reflection was committed; and various sentencing conditions specified in the instant records and arguments, such as family relations, shall be comprehensively considered.

It is so decided as per Disposition for the above reasons.

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