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(영문) 광주지방법원 순천지원 2018.07.19 2018고단632
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 March 12, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch on March 12, 2007. On April 18, 2008, the Defendant was sentenced to a fine of KRW 2 million for the same crime in the same court.

On March 16, 2018, the Defendant driven D Lasta car at a section of approximately 200 meters from the night market near the Pungcheon-dong under the influence of alcohol content 0.080% during blood transfusions, to the road near the Pungcheon-dong under the direction of the Pungcheon-dong in the same city.

As a result, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice but once again driven a drinking.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of inquiries, text of judgment, and copies of summary order, respectively;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of imprisonment with prison labor ( Consideration of the criminal records, etc. of the accused);

1. Articles 53 and 55(1)3 of the Criminal Act to mitigate small quantities (see, e.g., the degree of alcohol concentration among the blood of the defendant at the time of driving of the instant case; the driving distance of the instant case; the Defendant’s mistake against the defendant; the family relationship, etc. of the defendant);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. It is so decided as per Disposition on the grounds of not less than Article 62-2 of the Criminal Act for protection observation;

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