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(영문) 광주지방법원 순천지원 2019.05.23 2017고단2932
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 8, 2017, the Defendant, around 23:27, 2017, driven BMW motor vehicles at the section of approximately 50 meters from the front of the public parking lot adjacent to the Seocho-gu Municipal Ordinance of Macheon-si to the front of the city ordinances, while under the influence of alcohol concentration of 0.168%.

On March 15, 2016, the Defendant issued a summary order of KRW 1,50,000,000 for a fine for violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch on March 15, 2016. On December 8, 2017, the Defendant violated the prohibition of drinking driving on more than two occasions, such as regulating the vehicle under the influence of alcohol level of 0.168% under the influence of alcohol level.

On January 16, 2018, at around 00:25, the Defendant driven a G car at approximately 70 meters section from the c hotel underground parking lot to the E (Fju) road located in 1,000, while under the influence of alcohol of 0.086% of blood alcohol level.

Summary of Evidence

"2017 Highest 2932"

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

1. The reference table for appraisal to 2017 Highest 2932;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

1. Indictment (Written indictment for the Gwangju District Court 2017 Highest 2932);

1. Previous convictions in judgment: Application of an inquiry letter and a copy of a summary order (the Gwangju District Court 2016 High Court 2016 High Court 142);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on December 8, 2017), Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on January 16, 2018), and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

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

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

1. The criminal records of the defendant with reasons for sentencing under Article 62-2 of the Criminal Act, the nature of each of the crimes of this case, the time interval of each of the crimes of this case, and the instant case.

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