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(영문) 광주지방법원 순천지원 2018.04.20 2018고단378
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 November 12, 2013, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court’s Netcheon Branch on November 12, 2013, and a fine of eight million won for a crime of violating the Road Traffic Act (drinking driving) in the same court on October 6, 2016.

On February 13, 2018, at around 21:28, the Defendant driven B K5 cars with alcohol content of about 0.130% in a section of approximately 300 meters from the front to the front road of the Gsan Park located in the same Dong from the front of the two main city 2, which was located in the Scam Scam cremat Mo, to the front road of the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to judgment);

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 fact that the amount of alcohol content among blood transfusions with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is high, on the other hand, the defendant reflects the defendant, the fact that there is no other criminal record except twice from the fine due to drinking driving, and other circumstances shown in the arguments of this case, including the defendant's age, sex, criminal conduct, family relationship, environment, background and result of the crime, and circumstances after the crime, etc., shall be determined as ordered by the disposition.

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