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(영문) 광주지방법원 순천지원 2018.07.19 2018고단571
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 April 22, 2011, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Gwangju District Court's Netcheon Branch, and a summary order of KRW 5 million for the same crime in the same court on February 6, 2014, respectively.

On March 17, 2018, at around 00:17, the Defendant driven a DNA motor vehicle in the state of alcohol alcohol concentration of about 0.075% from the third blind distance in front of the ethic ecological tunnel to the road in front of the ethic-dong ecological tunnel at a level of about 300 meters.

As a result, the Defendant was a person who had a driving force under drinking not less than twice, and was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction in judgment: Application of a reply to inquiry, and a copy of each summary order;

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 criminal records of the defendant for the reason of sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation, in particular, the defendant was punished by a fine three times due to drinking driving in the past, and the degree of alcohol concentration of the defendant's blood alcohol level at the time of driving in the case, driving distance in the case, the background of the defendant's crime, the defendant's career, family relationship, and the defendant's mistake are against the defendant's wrongs, and the same sentence as the order is determined by taking full account of various

It is so decided as per Disposition for the above reasons.

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