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(영문) 광주지방법원 순천지원 2017.07.12 2017고단599
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 February 7, 2007, the Defendant is a person who had been sentenced to a fine of KRW 5 million on May 10, 201 as a crime of violating the Road Traffic Act in violation of the Road Traffic Act in the Suwon District Court's net support on May 10, 2012.

Nevertheless, on March 27, 2017, the Defendant, without obtaining a driver's license of a motor vehicle on March 27, 2017, driven a B-wing truck at a section of about 2 km from the front of a mutually influent restaurant located in the Ycheon-si, 173% alcohol concentration in the blood, to the front of the Cheongcheon-si exchange line, while under the influence of alcohol leveling 0.173%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, text of judgment, and summary order, respectively;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, the main sentence of Article 59 of the Act on the Observation, etc. of Protection and Order to Attend, etc., is disadvantageous to the defendant, such as the fact that there are many criminal convictions due to drinking or non-licensed driving, etc., circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case and reflects on the defendant, and other factors of sentencing such as the defendant's health condition (the treatment of alcohol addiction), family environment, alcohol concentration among the blood of the defendant at the time of the crime of this case, the distance of drinking and non-licensed driving, and the time interval between the previous and the

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