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(영문) 광주지방법원 순천지원 2017.11.02 2017고단1378
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 May 31, 2010, the Defendant issued a summary order of KRW 2 million for a crime of violating road traffic law (drinking driving) at the Changwon District Court's Jinju branch, and on December 3, 2013, a summary order of KRW 4 million for the same crime was issued on December 3, 2013.

On July 5, 2017, the Defendant, while under the influence of alcohol content 0.157% in blood, driven a B-man car at a 1 kilometer section from around 3,000,000 to around 1,000,000 from around 3,000,00 a-day-based-based-based-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat-p

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. An accident scene photograph;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (Attachment of a summary order of the same kind of force);

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 by taking into account the following circumstances: (a) the Defendant’s criminal records with the reason of sentencing under Article 62-2 of the Criminal Act; (b) the background of driving the drinking of this case; and (c) the Defendant’s own awareness of the need to improve the ability to control alcohol; and

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