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(영문) 광주지방법원 순천지원 2017.07.06 2017고단501
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 April 24, 2008, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch, and on December 28, 2012, the same court issued a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act.

On March 17, 2017, the Defendant driven B rocketing car from around 300 meters to the front of the accompanying church located in the same Dong from the roads of the Manyang-dong, in the state of alcohol concentration of 0.080% among the blood transfusion around 23:00.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (verification of the same kind of force), and application of Acts and subordinate statutes of two copies of summary order;

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 punishment as ordered in order to prevent recidivism shall be determined by comprehensively taking into account the defendant's same military force, drinking volume of this case, previous records and time interval between this case and the reason for sentencing under Article 62-2 of the Criminal Act;

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