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(영문) 광주지방법원 순천지원 2019.03.28 2018고단2727
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 August 18, 2015, the Defendant was sentenced to a summary order of a fine of two million won due to a violation of the Road Traffic Act in the Gwangju District Court's net support on August 18, 2015, and was sentenced to suspension of indictment for a violation of the Road Traffic Act at the office of the Gwangju District Prosecutors' Office on July 5, 2018.

Nevertheless, at around 7:30 on October 19, 2018, the Defendant driven a FR car while under the influence of alcohol content of about 0.118% at a distance of about 150 meters from the date before the C alcohol house in the 150th city B to the front of E in the same city.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act not less than twice, has driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol and report on the control of drinking driving;

1. Previous convictions in judgment: Application of criminal records and investigation reports (existing drinking records of suspects A)-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 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 sentence identical to the order shall be determined by comprehensively taking account of the following factors: the criminal records of the defendant with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the time interval with the previous drunk driving force of the defendant, the degree of blood alcohol concentration of the defendant at the time of driving of the instant case, whether the accident occurred, the driving distance of the defendant, the reflectivity of the defendant, family relations,

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