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(영문) 광주지방법원 순천지원 2018.12.13 2018고단1090
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 December 12, 2012, the Defendant received a fine of KRW 4 million from the common military court of the Army Association 12 on December 12, 2012 due to a violation of road traffic laws (dacting driving), and a fine of KRW 2 million from the Gwangju District Court’s net support on November 21, 2017 to a violation of road traffic laws (dacting driving).

On May 17, 2018, the Defendant driven a small portion of 00:27 on May 17, 2018, at the front of the main office, which was located in the 1stm of New Sincheon-si, with approximately KRW 0.072% alcohol concentration among blood alcohol level at approximately 150 meters from the front of the main office, to the blind-distance road in the 150m of municipal ordinances.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of inquiry, a copy of a 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 criminal records of the defendant for the reason of protection and observation, and the sentencing of Article 62-2 of the Social Services Criminal Act (the same type of force and the distance between the previous force, etc.), the degree of alcohol concentration in the blood of the defendant at the time of driving of the case, the driving distance of the case, the reflectivity of the defendant, and the age of the defendant, and the various sentencing conditions indicated in the records and arguments on the changes, the sentence

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

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