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(영문) 광주지방법원 해남지원 2018.08.09 2018고단208
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 30, 2010, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) from the Gwangju District Court Branch on March 30, 2010, and a summary order of KRW 3 million for the same crime in the same court on September 9, 2016, respectively.

[2] On March 11, 2018, the Defendant, while under the influence of alcohol of 0.091% of alcohol during blood, driven B 2 freight vehicles from the section of approximately 50 meters at the entrance of the apartment of 707 Daepo-si, as from the front day of the point of North Korea, with a 706 large-scale winding at the south Shipo-si, under the influence of alcohol during the influence of alcohol at around 01:15, the Defendant driven from the road of the 706 large-scale emulpo City to the entrance of the apartment of Ypo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at drinking, report on the circumstances of driving at drinking, notification of the results of crackdown on driving at drinking, and inquiry of the results of crackdown on driving at drinking;

1. On-site photographs;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of each summary order;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning the facts constituting an offense, the selection of imprisonment, and the selection of a sentence;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is the crime of leaving many people in large danger.

The Defendant, through a fine twice, driven a motor vehicle under the influence of alcohol while under the influence of alcohol even though he was given a severe warning of the risk of driving.

On the other hand, however, the defendant recognizes all of his mistake and reflects.

The length of the defendant's driving of a motor vehicle is not clear, and there was no traffic accident even if the defendant drives a motor vehicle.

There is no history that the defendant was 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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