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(영문) 광주지방법원 순천지원 2020.01.30 2019고단2469
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 13, 2009, the Defendant was sentenced to a fine of one million won due to a violation of the Road Traffic Act in the Gwangju District Court's net support on January 26, 201, one year of imprisonment and two years of suspended execution due to the same crime at the same court on January 26, 201, on August 20, 2014, a fine of six million won and three years of imprisonment for the same crime at the Gwangju District Court on August 20, 201, and on August 13, 2015 at the same court on August 14, 2018, and completed the execution of the sentence at the Net Prison on May 14, 2018.

On October 1, 2019, at around 03:30, the Defendant driven a EKan-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, application of Acts and subordinate statutes on the current status of accommodation of individuals;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is not only that the defendant has already been punished several times, including the same kind of crime, but also that the defendant commits the crime of this case without being able to do so during the period of repeated crime due to the same kind of crime, and that the degree of blood alcohol level is high, choice of imprisonment with prison labor for the defendant is inevitable.

However, given the favorable circumstances that the defendant is led to confession and reflect, and that the defendant does not cause any traffic accident, the punishment shall be determined as ordered by taking into account the age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances shown in the arguments in this case, such as the circumstances after the crime, etc.

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