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(영문) 광주지방법원 순천지원 2018.06.22 2018고단733
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 November 20, 2006, the Defendant issued a summary order of KRW 1 million as a fine for a violation of Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch on November 20, 2006, and 2 million won as a fine in the same court on May 13, 2008.

On March 27, 2018, the Defendant driven a B-wing vehicle with approximately 0.100% alcohol content in the section of approximately 100 meters in the front of the Dong Service Center for the 16th-ro Do in the same city from the Do in front of the Green-dong Green-dong Green-dong Green-dong Green-dong Green-ro Green-ro Green-ro cafeteria to the front road of the Dong Service Center for the 16th Do in the same city.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition on drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and investigation reports (two times before and after drinking);

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. The main sentence of Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined in light of the following circumstances: (a) the reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of the Defendant’s blood alcohol, etc.; (b) the Defendant’s mistake is against the Defendant; (c) the distance of driving drinking is relatively short; and (d) the Defendant’s age, family environment; (d) the interval between criminal records and criminal records at the time of committing the instant crime; (e) the Defendant’s blood alcohol concentration at the time of committing the instant crime; and (e) the

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