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(영문) 광주지방법원 순천지원 2015.11.20 2015고단2059
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 20, 2011, the Defendant was punished by a fine of 2.5 million won for a violation of the Road Traffic Act in the Gwangju District Court's net support on December 20, 201, and was punished by a fine of 3 million won for the same crime in the same court on August 7, 2013.

On October 18, 2015, at around 02:55, the Defendant driven a bsch motor vehicle under the influence of alcohol content of about 0.178% in a section of approximately 300 meters from the front day of the restaurant to the front day of the front day of the front day of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the south.

Summary of Evidence

1. Defendant's legal statement;

1. One report on the occurrence of a traffic accident, such as a report on the occurrence of the traffic accident, a report on the traffic accident, and on-site evidence photographs;

1. Report on detection of suspects in violation of the Road Traffic Act (driving), report on the circumstances of driving under the influence of alcohol, report on detection of a driver under the influence of alcohol, circumstantial report on a driver under the influence of alcohol, confirmation of measurement of alcohol and collection of blood, and ledger of the use of a

1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports (report attaching the same type of crime records) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that it reflects the crime of this case, which is favorable to the defendant.

However, the fact that blood alcohol concentration is high, that causes a traffic accident during the crime of this case, and that the same criminal record is two times, etc. are disadvantageous to the defendant.

In addition, all the sentencing conditions shown in the records, such as the age, character, conduct and environment of the defendant, shall be determined as ordered.

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