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(영문) 광주지방법원 순천지원 2019.09.26 2019고단1518
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

On January 11, 2008, the Defendant was issued a summary order of 700,000 won for a fine for a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch on January 11, 2008, and on February 9, 2012, the Defendant received a summary order of a fine of three million won for a violation of the Road Traffic Act from the Gwangju District Court's Net Branch on February 9, 201, and received a summary order of three million won for a violation of the Road Traffic Act.

On June 25, 2019, at around 20:14, the Defendant driven approximately 500 meters from the day before the Da located in the netcheon City C to the E parking lot in the netcheon City, while under the influence of alcohol of 0.118% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving and the situation of drinking driving;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (reports accompanied by summary orders related to driving records);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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. The sentencing of Article 62-2 of the Criminal Act includes various sentencing conditions specified in the records and arguments of this case, including the defendant's criminal records of the same offense, the time interval with the previous drinking driving record, the degree of blood alcohol concentration of the defendant at the time of driving of this case, the occurrence of the accident, the driving distance of the defendant, the reflectability of the defendant, the family relationship, etc., and the records and arguments

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