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(영문) 광주지방법원 해남지원 2018.12.13 2018고단356
도로교통법위반(음주운전)
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A defendant shall be punished by imprisonment for six months.

However, the defendant shall be sentenced to the above punishment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 20, 2018, the Defendant, while under the influence of alcohol of 0.081% among the blood alcohol around 22:13, driven a Bri SF car at a approximately 3km section from the vicinity of the case restaurant located around the 2-lane of Jindo-gun, Incheon, and the same face to the road near the 2-lane.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver at the home, the statement of the circumstances of the driver at home, and the investigation report (the circumstantial report of the driver at the home);

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant legal provisions and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing of Article 62-2 of the Criminal Act is that the driving of an order to provide community service and attend lectures places heavy risks to many people.

The Defendant again committed the instant crime even though he received a serious warning of the risk of driving drinking through a fine of several times.

It is necessary to strictly punish the accused.

On the other hand, however, the defendant recognized his mistake and reflected his mistake.

The Defendant’s blood alcohol concentration at the time of committing the instant crime is not significantly high.

There is no history that the defendant has been punished in excess of a fine.

In addition, the punishment shall be determined as ordered in consideration of all the sentencing grounds shown in the instant trial proceedings, such as the age, circumstances of the crime, and circumstances after the crime.

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