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(영문) 광주지방법원 순천지원 2018.11.22 2018고단2013
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On September 7, 201, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of road traffic law in the Gwangju District Court’s net support on September 7, 201, and on September 23, 2015, the above court was sentenced to a fine of KRW 4 million for a violation of road traffic law.

[2] On September 16, 2018, the Defendant driven a Bco-sports cargo vehicle while under the influence of alcohol content of about 0.163% from a 50-meter section of alcohol to a 500-meter distance road in front of the train, which is located at 576-dong, a military officer in front of the 576-dong, a female crew member, from September 16, 2018.

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. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to such previous rulings, etc.);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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. For the reasons of sentencing under Article 62-2 of the Criminal Act, the punishment shall be determined as ordered by taking into consideration the defendant's records of punishment for drinking alcohol, distance between the records of punishment, degree of alcohol, circumstances leading to driving alcohol, occurrence of accidents, distance and place of drinking, his/her family relation, age, sexual behavior, environment, circumstances after the crime, etc.

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