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(영문) 광주지방법원 순천지원 2018.04.04 2017고단2235
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 October 11, 2011, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 4 million for the same crime in the same court on June 24, 2015, respectively.

On October 11, 2017, the Defendant driven B-wing freight vehicles with approximately 1 Km alcohol concentration of about 0.130% in blood alcohol level from the front side of the Dencheon-dong, Soul-dong, Pungdong to the front side of the same Sinsan Nam-dong, Pungdong, the Defendant driven B-wing freight vehicles under the influence of alcohol leveling from around 20:3 to around 0.130%.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol during blood;

1. Report on the circumstances of driving under the liquor:

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, and application of Acts and subordinate statutes of two copies of summary orders;

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. The main sentence of Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service and Order to Attending, etc., are favorable to the defendant, such as the fact that he/she acknowledges and reflects a crime, the defendant has been driving a drinking and has been driving a drinking license twice separately, and other unfavorable circumstances, such as the defendant's age, family environment, the period between the previous conviction and the instant crime, the distance between the defendant's blood alcohol level, the distance of drinking driving, and the circumstances after committing the instant crime, etc., shall be determined as ordered by the disposition

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