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(영문) 광주지방법원 순천지원 2018.01.18 2017고단1925
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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

On May 29, 2013, the Defendant issued a summary order of KRW 5 million for a violation of the Road Traffic Act (drinking driving) at the Busan District Court on May 29, 201, a summary order of KRW 2 million for the same crime at the Incheon District Court on June 2, 201, and on November 6, 2007, a summary order of KRW 700,000 for fines for the same crime at the Busan District Court's Net Branch Branch on November 6, 2007, and violated the prohibition of drinking driving regulations at least twice.

On September 13, 2017, the Defendant: (a) driven a leisure fire station located in the Gancheon-dong at the time of drinking on September 13, 2017, and (b) driven a passenger car with alcohol content of about 2km from around 0.095% under the influence of alcohol at around 0.095% in the ecological tunnel, which was located in the Gancheon-dong in the time of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the records of violation of Acts and subordinate statutes twice the drinking driving);

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 sentence was imposed to prevent recidivism in consideration of the records of the same crime, drinking level, etc. for the reason of sentencing in Article 62-2 of the Criminal Act, including the observation of protection and order to attend lectures.

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