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(영문) 광주지방법원 순천지원 2017.11.30 2017고단1934
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

On June 10, 2009, the Defendant issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch on June 10, 2009, and KRW 1 million as a crime of violating the Road Traffic Act (dacting driving) at the same court on March 17, 201.

On September 23:27, 2017, the Defendant driven a B rocketing car with alcohol content of at least 0.255% during blood alcohol level from around 100 meters to the reputation 91-lane 91 of the same city from the parking lot for the Maren Corro, which is located in the Dong Ordinance of Macheon-si, around 23:27.

As a result, the Defendant was a person who had a driving force under drinking not less than twice, and was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Response to a request for appraisal;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (Attachment of a summary order), application of summary order-related Acts and subordinate statutes;

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

1. The punishment to prevent recidivism shall be determined in consideration of the criminal records, drinking volume, etc. of the defendant's reasons for sentencing under Article 62-2 of the Criminal Act, such as protection observation and attendance order;

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