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(영문) 광주지방법원 순천지원 2017.12.21 2017고단1867
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 February 28, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch on February 28, 2007 and KRW 2 million for the same crime in the same court on October 30, 2012.

On August 28, 2017, at around 22:17, the Defendant driven a clater vehicle under the influence of alcohol concentration of about 0.123% from the section of about 3km from the front of the public entertainment bar located in the Dobong-dong in the same time, to the front of the road in the same clock-dong.

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: Inquiry about criminal history, investigation report (Attachment to the same type of crime), application of summary order-related Acts and subordinate statutes;

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 punishment for the prevention of recidivism shall be determined by taking into consideration the criminal records of the defendant with the reason of sentencing under Article 62-2 of the Criminal Act, the drinking volume of the case, etc. of this case;

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