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(영문) 광주지방법원 순천지원 2017.07.21 2017고단998
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] The Defendant is a person with three times the criminal history of the same kind of crime, including having received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) on August 6, 2009, and a fine of KRW 1,500,000 as a crime of violating the Road Traffic Act (driving) on November 30, 2012.

[Criminal facts] On April 25, 2017, the Defendant driven a Chand vehicle at approximately 200 meters in the section of 200 meters prior to the “Yancheon Medical Center” located in the same Do 2 in the same Do as 0.073% of alcohol content among blood transfusion around 01:00.

Accordingly, the defendant, who violated the prohibition of drinking driving twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of replys, investigation reports (the confirmation of criminal records of the same kind), such as inquiries about criminal history;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

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