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(영문) 광주지방법원 순천지원 2019.03.14 2018고단2480
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On July 14, 2014, the Defendant was issued a summary order of 1.5 million won for the crime of violating the Road Traffic Act in the Gwangju District Court's net support on July 14, 2014, and on November 22, 2010, the Defendant was issued a summary order of 1 million won for the crime of violating the Road Traffic Act in the Gwangju District Court's net support on November 22, 2010.

【Criminal Facts】

On November 9, 2018, at around 21:15, the Defendant driven a F low-speed car with approximately 500 meters of alcohol from the road near B in Gwangju-si B to the front road in D, while under the influence of alcohol concentration of 0.194%.

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 records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of the same type of crime records, etc.) and other Acts and subordinate statutes;

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

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

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

1. The punishment as ordered shall be determined by taking into account the defendant's records of punishment for drinking alcohol, distance between the records of punishment, degree of blood alcohol, circumstances leading to driving alcohol, occurrence of accidents, distance and place of drinking driving, his family relation, age, character and conduct, environment, circumstances after committing the crime, etc. for the reason of sentencing under Article 62-2 of the Criminal Act;

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