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(영문) 광주지방법원 순천지원 2019.03.21 2019고단221
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 January 18, 2008, the Defendant has been punished for violating Article 44(1) of the Road Traffic Act by having received a summary order of KRW 1 million due to a violation of the Road Traffic Act in the Gwangju District Court's net support on January 18, 2008, and a summary order of KRW 2 million due to the same crime in the same court on September 19, 2012, respectively.

On January 15, 2019, at around 23:15, the Defendant driven C rocketing car in the state of alcohol alcohol concentration of about 0.058% from the 3km section in the same Si/Gun/Gu to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of inquiries, a copy of each summary order, and the 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 sentencing of Article 62-2 of the Probation Criminal Act is based on the following factors: the criminal records of the defendant, the time interval with the previous criminal records, the degree of blood alcohol concentration of the defendant at the time of driving of the instant case, the circumstances leading to the crackdown on the instant crime, the driving distance of the defendant, the reflectivity of the defendant, family relations, etc., and the various sentencing conditions specified in the records and arguments

It is so decided as per Disposition for the above reasons.

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