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(영문) 광주지방법원 순천지원 2018.08.06 2018고단1011
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 10, 2014, the Defendant: (a) at the Busan District Court’s Net Branch of the Gwangju District Court, sentenced a fine of KRW 4 million to a violation of the Road Traffic Act (drink driving); (b) on May 30, 2012, the same court received a fine of KRW 4 million from a fine of KRW 4 million for the same crime; and (c) on March 12, 2018, in violation of the provision on the prohibition of drinking on drinking at least two occasions; (d) on March 12, 2018, the Defendant driven a car of KRW 20,000,000, while under the influence of alcohol from the part of approximately 30 km away from the blood alcohol level to the old IC road.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. References to inquiries, such as criminal history, and application of summary order statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act consisting of three times the same criminal records as the imprisonment without prison labor or more, and the fact that the imprisonment without prison labor or more has no criminal records, reflects the fact that the defendant's age, sex, family relationship, environment, circumstances and results of the crime, and other circumstances revealed in the arguments of this case, including the circumstances after the crime, shall be determined as ordered by the court.

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