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(영문) 광주지방법원 순천지원 2019.03.27 2018고단2439
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On October 19, 2018, at around 20:50, the Defendant driven a e-car while under the influence of alcohol with approximately 0.203% of alcohol level 0.203% in a section of about 200 meters from the Do in the direction of C, which is located in D in the summer-si B to the front road in the summer-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes reporting the circumstances of running a driving house;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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. The fact that there are several records of punishment for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, including probation, community service, and lecture attendance order, and blood alcohol concentration is very high, but the defendant's recognition of and reflects the crime, and the circumstances leading to the discovery of the crime of this case, the circumstances after the crime, and family relationship, etc. shall be determined by comprehensively taking into account the various sentencing conditions shown in the records and arguments of this case.

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