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(영문) 광주지방법원 순천지원 2019.11.21 2019고단1268
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

On November 2, 2009, the Defendant was issued a summary order of KRW 4 million by the same court due to the same crime, etc. in the Gwangju District Court's net order of November 2, 2009, for fines of KRW 1 million due to the violation of the Road Traffic Act.

On June 9, 2019, at around 20:34, the Defendant driven a DNA car in the state of alcohol alcohol concentration of about 0.156% from the 3km section to the 3km road in the front of the Twit-si Yacheon-si, Yacheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving and the situation of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

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

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

1. In full view of various sentencing conditions as shown in the records and arguments of this case, such as the records and arguments of this case, such as the defendant's criminal records of sentencing and Article 62-2 of the Social Service Order Act, the time interval with the defendant's previous record of drinking alcohol, the degree of the defendant's blood alcohol concentration at the time of driving of this case, whether the accident occurred, the driving distance of the defendant, whether the defendant'

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