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(영문) 광주지방법원 순천지원 2018.04.26 2018고단71
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 December 3, 2010, the Defendant, at the Gwangju District Court, issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act, and on December 12, 2007, at the same court issued a summary order of KRW 700,000 as a fine for the same crime on at least two occasions. However, on December 30, 2017, the Defendant driven a B rocketing car under the influence of alcohol concentration of approximately 50 meters from blood alcohol level to the front road of the apartment house, which is located in the front day of the main apartment house in the Shin-dong-dong, at around December 22 and 23, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous conviction in judgment: Application of a reply to inquiry, and a copy of each summary order;

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. In full view of the records of this case and the various sentencing conditions indicated in the theory of changes, such as the criminal records of the defendant for the reason of sentencing in Article 62-2 of the Criminal Act on the observation of protection and punishment, the degree of alcohol concentration among the blood of the defendant at the time of driving of this case, driving distance, and the fact that the defendant reflects the defendant's mistake, etc

It is so decided as per Disposition for the above reasons.

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