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(영문) 광주지방법원 순천지원 2018.02.08 2017고단2079
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 July 22, 2011, the Defendant was sentenced to eight months of imprisonment for a violation of the Road Traffic Act, etc. at the Gwangju District Court on July 2, 201, and on February 15, 2008, the same court was sentenced to six months of imprisonment for a violation of the Road Traffic Act, etc. on at least two occasions.

On August 19, 2017, around 19:05, the Defendant driven Category B high-class cargo vehicles with approximately 0.091% alcohol concentration in the blood alcohol level from around 500 meters to about 0.091% under the influence of alcohol level from the 19:05 Gamyang-si, without knowledge of the trade name in the Gamyang-si Pluri, Gamyang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (it has violated the prohibition of drinking at least twice) and application of the text of the judgment five copies of the judgment;

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. In light of the Defendant’s criminal records with the reason of sentencing Article 62-2 of the Criminal Act, the responsibility of this case is very serious.

However, a punishment to prevent recidivism shall be determined only once in consideration of the fact that the drinking volume of this case was not reoffending within five years and that the drinking volume of this case was very high, and the age, family relationship, etc. of the defendant.

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