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(영문) 광주지방법원 순천지원 2019.06.21 2019고단454
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

The defendant is a person who drives B cargo vehicles.

At around 17:40 on February 24, 2019, the Defendant driven the foregoing cargo vehicle while under the influence of alcohol with about 0.246% of the blood alcohol concentration at approximately 300 meters from the front road located in Goungung-gun, Goung-gun, Goung-gun to the front road of EF.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal, reply, application of the Acts and subordinate statutes related to the crackdown on drinking driving;

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. The main sentence of Article 62 (1) of the Criminal Act;

1. The punishment to prevent recidivism shall be determined by taking into account the following circumstances: (a) the Defendant’s blood alcohol concentration is highly high at the time of committing the crime of sentencing under Article 62-2 of the Criminal Act; (b) the process of detection of the instant crime committed by the telecommunication line and other unfavorable circumstances, such as the Defendant’s wrongness; and (c) the Defendant’s age, family environment; (d) the time interval between the Defendant and the previous offense and the circumstances after the instant crime;

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