(영문) 광주지방법원 순천지원 2018.11.22 2018고단1978

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 순천지원 2018.11.22 2018고단1978

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

[Power of crime] The defendant was issued a summary order of KRW 1 million for a crime of violation of road traffic law in the Jeonju District Court's branch on June 8, 2007, and a fine of KRW 1.5 million for the same crime on November 25, 2009, respectively.

[2] On July 18, 2018, the Defendant, while under the influence of alcohol 00:25% of alcohol during blood, was driving a BF car at approximately 3 km from the roads front of the same Eup/Myeon road in front of the same Eup/Myeon 102 Do in the front of the 102 parking lot, and again driving the BF car at approximately 3km of alcohol in the front of the 102 parking lot.

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, and application of Acts and subordinate statutes to investigation reports;

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. 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.

참조조문

-형법 제62조 제1항

-형법 제62조의2

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