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(영문) 광주지방법원 순천지원 2018.08.13 2018고단1046
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 August 17, 2015, the Defendant was under the influence of a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and on March 27, 2012, the same court sentenced a fine of KRW 4 million to a fine of KRW 4 million for the same crime, respectively, on at least two occasions on the same charge, but on May 4, 2018, the Defendant driven a vehicle of KRW 5 in QM5 with alcohol level from around 300 meters to the front of the gold golf practice course at approximately 300 meters away from the front of a large pharmacy located in the Pcheon-si-si-si-si-dong-dong-dong-dong-dong-dong-dong-dong-dong-on-on-on-road-on-road-on-road-on-on-road-on-road-on-road-on-road-on-road

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of a reply to inquiry, such as criminal history, and summary order-making 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 punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the Defendant’s age, sex, family relation, environment, circumstances after the crime, etc., without having been sentenced to imprisonment without prison labor or heavier punishment for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, and the fact that the driving distance of drinking is short, and the Defendant’s age, sex, family relation, environment, circumstances after the crime, etc.

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