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(영문) 광주지방법원 순천지원 2018.06.14 2018고단45
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 22, 2007, the defendant was issued a summary order of fine of KRW 700,000,000 as a crime of violation of Road Traffic Act in the Gwangju District Court's net support on May 2, 2007, and one million won as a fine in the same court on July 16, 2009.

[2] On December 30, 2017, the Defendant, while under the influence of alcohol 0.077% during blood transfusion around 21:40 on December 30, 2017, was driving a DNA cargo vehicle at the section of approximately 20 meters for dental front roads by collecting it from the parking lot for the Masters of the Macheon-si So-dong Livestock Cooperative Macheon-dong, the same time as the Mancheon-dong, and driving it.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition on drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and investigation reports (two times before and after drinking);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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. The grounds for sentencing under Article 62(1) of the suspended sentence under the Criminal Act include the Defendant’s age, occupation, sex, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the various conditions of sentencing as shown in the argument of this case, including the fact that the Defendant was punished for the same kind of crime, alcohol concentration and driving distance at the time of the crime of this case, and the Defendant’s reflects on the age, occupation, sex, environment, motive and means of the crime.

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