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(영문) 광주지방법원 순천지원 2019.10.10 2019고단1614
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Power】 On May 11, 2017, the Defendant was sentenced to a suspended sentence of 4 months for a violation of the Road Traffic Act, as well as a suspended sentence of 1 year for a drunk driving at the order of the Gwangju District Court in order to punish the Defendant three times for a drunk driving.

【Criminal Facts】 On July 1, 2019, at around 06:00, the Defendant driven a ffa-fash-fash-fash-fash-fash-fash-fash-fash-fash-fash-fash-fash-fash-fash-fash-fash-fash-fash-fa

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous convictions: Application of the Acts and subordinate statutes governing inquiries into crimes and investigation records, investigation reports (verification of the same kind of force), net support 2017 high-level 13, 2016 high-level 490, Jinju support 2003 high-level 6194;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

1. The rationale for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant recognized the instant crime and reflects the mistake, and that there was no injury to human life other than the Defendant, and that the driving distance was relatively short, considering the circumstances favorable to the Defendant.

However, the defendant, as stated in the judgment [criminal records], has been subject to criminal punishment three times due to drinking driving (including once a suspended sentence on May 2017) but has driven a vehicle while under the influence of alcohol and caused the accident, and it is inevitable to punish the defendant.

In the above circumstances, the punishment as ordered shall be determined by comprehensively taking into account the records of this case, including the blood alcohol concentration, driving distance, age, character and conduct, environment, motive, means and consequence of the crime, and all other circumstances which form the conditions for sentencing as shown in the trial process, such as the circumstances after the crime.

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