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(영문) 광주지방법원 순천지원 2017.03.03 2016고단2093
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 October 2, 2006, the Defendant received a summary order of KRW 500,000 from the Busan District Court to a fine of KRW 500,000 as a crime of violating the Road Traffic Act, and on January 4, 2008 to a fine of KRW 2 million as the same crime, respectively.

On September 24, 2016, at around 00:45, the Defendant driven B truck under the influence of alcohol content of about 5 km from the 5km section of the ecological tunnel, which was in front of the yacht-dong, to the ecological road in the same Siro-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A response to a request for appraisal, and a written appraisal of alcohol during blood transfusion;

1. Inquiries about the results of self-driving control (No. 17 No. 17) on October 5, 2016;

1. Report on the circumstances of driving under the liquor:

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a criminal investigation report (Attachment to a summary order on the suspect's previous records), and application of two-minutes of 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 Defendant had the same criminal history twice in sentencing under Article 62-2(1), Article 62-2(2) main sentence, Article 62(3) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order and Order to Attend Education, and Article 69 of the Act on the Protection, etc. was punished for a violation of Road Traffic Act (unlicensed Driving) and a violation of Road Traffic Act (measures subsequent to an accident). The fact that the Defendant’s blood alcohol content was not lowered at the time of the instant crime is disadvantageous to the Defendant.

However, a punishment for the prevention of recidivism shall be determined only at once, considering the fact that the defendant was punished as a crime of violating the Road Traffic Act(drawing driving) more than five years.

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