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(영문) 광주지방법원 순천지원 2018.02.28 2017고단2010
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than nine months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 10, 2017, the Defendant, while under the influence of alcohol 0.228% during blood transfusion around 11:50 on September 10, 2017, driven a B rocketing car owned by the Defendant, from around the apartment site of 79Ra, which was located at the time of influence, to the 3-distance at the entrance of 11 colua apartment at the time of influence.

Accordingly, the Defendant driven an automobile while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Relevant Article of the Act and Articles 148-2 (2) 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. The main sentence of Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service and Order to Attend, include: (a) the fact that the defendant acknowledges and reflects a crime; (b) the defendant has a criminal record of driving alcohol twice; (c) the defendant's blood alcohol concentration is very high at the time of the crime; and (d) the defendant causes physical damage by causing a traffic accident by driving alcohol; (b) the first criminal record of driving alcohol was committed 15 years before the date of the crime in this case; and (c) the first criminal record of driving alcohol was committed by 15 years before the date of the crime in this case; and (d) the punishment shall be

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