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(영문) 광주지방법원 순천지원 2020.04.16 2018고단1637
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On July 4, 2007, the Defendant received a fine of three million won for a violation of the Road Traffic Act (driving) at the Busan District Court on July 4, 2007, and a summary order of 1.5 million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on October 22, 2012, respectively.

【Criminal Facts】

On July 15, 2018, around 17:03, the Defendant driven a D-hurd motor vehicle under the influence of alcohol concentration of about 0.150% in a section of about 500 meters from the Do in front of the insular acid B to the entrance road of the same city at the same time.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The circumstantial report of an employee;

1. Inquiry the results of the drinking driving control;

1. Previous records of judgment: Criminal records, repeated statements, and application of Acts and subordinate statutes to investigation reports (the sound records and twice);

1. Relevant Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act takes full account of the following factors: Defendant’s age, character and conduct, environment, criminal records, motive and background of the crime, alcohol concentration and driving distance of Defendant’s blood, and circumstances after the crime, etc., and determine the sentence as ordered.

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