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(영문) 광주지방법원 순천지원 2015.12.23 2015고단2014
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 10, 2010, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act in the Gwangju District Court's net support on May 10, 2010, and was sentenced to a suspended sentence of two years for the same crime in the same court on June 30, 2010.

On October 7, 2015, at around 13:10, the Defendant driven a B-wing three cargo vehicle while under the influence of alcohol content of about 0.211% in a section of approximately 1 kilometer from the front side of the Yansung-gun, Bosung-gun, Bosung-gun, Bosung-gun, Bosung-gun, Bosung-gun, Bosung-gun, Bosung-gun, Bosung-gun, Bosung-gun, Bosung-gun, Bosung-gun, Bosung-gun, Masan-gun, to the direction of Schlage.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of the same criminal records) and other Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing of Article 62-2 of the Criminal Act regarding community service and lecture attendance order are imposed on several occasions by the defendant who is under punishment for drinking driving, and thus, the case is not disadvantaged. However, considering the fact that the defendant's mistake is against the depth, that the defendant is engaged in agriculture while supporting his mother, and that the defendant does not cause any traffic accident, the sentence like the order shall be determined.

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