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(영문) 광주지방법원 순천지원 2018.06.21 2018고단293
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On March 24, 2009, the Defendant issued a summary order of KRW 500,000 as a fine for a crime of violating the Road Traffic Act at the Busan District Court, and on February 3, 2015, a summary order of KRW 1,50,000 as a fine for the same crime from the Gwangju District Court's Netcheon Branch.

[Criminal facts] On January 28, 2018, the Defendant driven a C low alcohol level of at least 0.060% in alcohol level from the Ssch Rexroth Co., Ltd, which is located in the summer-dong at the time of drinking on January 28, 2018, to the front of the road, and driven a C low-grade car at around 0.060% in alcohol level from the same section from the parking lot to the front of the road.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

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

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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. An order to attend a lecture or to order community service order under Article 62-2 of the Criminal Act takes full account of the defendant's same punishment records, the amount of alcohol concentration in blood, and other various circumstances, including the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., as indicated in the records of this case and the theory of changes, and the sentence as ordered.

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