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(영문) 광주지방법원 순천지원 2016.03.30 2015고단2210
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

[criminal history] On March 11, 2013, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law in the Gwangju District Court's net support on March 11, 2013, and on December 19, 2006, the Defendant was issued a summary order of KRW 2.5 million for the same crime.

[2] On October 13, 2015, the Defendant driven B-low-scale car under the influence of alcohol content of 0.14 percent at approximately 150 meters from the 101 parking lot for the same apartment from the 101st apartment to the 101st roads of the same apartment complex located in the Sindo-Eup Sin-si, Sincheon-do, Sinsan-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. A report on the occurrence of a traffic accident (1) (1), a report on the occurrence of a traffic accident, or a site photograph of a traffic accident;

1. C Police Statement Statement;

1. A written appraisal of alcohol during blood;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (in addition to three copies of a copy of a summary order issued by the suspect), and other relevant Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is not a good crime because the defendant once again drives drinking, even though he had a record of punishment twice or more due to drinking driving.

However, in light of the circumstances favorable to the defendant, such as the confession and reflect of the crime of this case, the fact that there is no record of punishment heavier than a suspended sentence, etc., and the sentencing conditions indicated in the records, such as the age, sexual conduct, and circumstances after the crime, the punishment is determined as ordered.

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