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(영문) 광주지방법원 순천지원 2017.06.15 2017고단605
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 October 15, 2010, the Defendant was issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act in the Gwangju District Court's net support on October 15, 201, and on February 18, 2011, the above court was sentenced to one year of imprisonment and two years of suspended execution.

On March 28, 2017, the Defendant driven B rocketing car under the influence of alcohol content of approximately 0.150% from the front of the Pyeongtaek Village located in Pari-gu, Pasan-si to the front of the Jari-si located in the same Eup/Myeon, from around 1.5km to the front of the Jari-gu located in the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report on the result of confirmation of the previous convictions of the disposition and report on the date of release);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The responsibility of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act is heavy in light of the record of the same crime of the defendant.

However, the punishment to prevent recidivism shall be determined only once in consideration of the circumstances in which the defendant's driving of drinking alcohol was considered and the drinking volume was not significantly high.

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