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(영문) 광주지방법원 순천지원 2017.12.21 2017고단1856
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 September 29, 2014, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving), etc. on September 29, 2014. On September 8, 2017, the Defendant was issued a summary order of KRW 3 million for the same crime at the Seoul Eastern District Court.

On August 25, 2017, the Defendant driven B SP vehicle under the influence of alcohol concentration of approximately 0.144% at a distance of about 30 meters from the front of the cafeteria cafeteria, which is located in the Dong Ordinance of Macheon-si, to the front of the fishery market located in the Mancheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Response to a request for appraisal;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (a summary order and indictment attached to the suspect's previous records), summary order and indictment, and significant facts in this court (Seoul Eastern District Court Decision 2017 High Court Decision 708) shall apply to the Acts and subordinate statutes;

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. 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. The punishment to prevent recidivism shall be determined in consideration of the criminal records of the defendant with the reason of sentencing under Article 62-2 of the Criminal Act, especially the past drinking driving force and the distance between the case;

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