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(영문) 광주지방법원 순천지원 2018.03.30 2017고단2200
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 October 22, 2008, the Defendant was sentenced to a fine of KRW 3 million due to a violation of road traffic laws (drinking driving) in the Seoul Northern District Court Support on the 30th of the same month, and confirmed on May 13, 2014, and a summary order of KRW 3 million was issued on May 13, 2014 by the Chuncheon District Court to the same crime.

8. 14. Finality was established.

On July 4, 2017, the Defendant driven a 1km-lurged vehicle with approximately 0.186% alcohol level while under the influence of alcohol level 0.186%, from the front of the restaurant to the front of the second apartment of the same Sungyang-si, which is not aware of the trade name in the Ganyang-si, B around 22:10.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions: Application of respective Acts and subordinate statutes of one copy of a reply to inquiry, such as criminal history, investigation report (Attachment to decisions on drinking alcohol driving and a copy of a summary order), judgment on drinking alcohol driving, and 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. 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 Protection, Observation, etc. of Social Service and Order to Attend, etc., are favorable to the defendant, such as the fact that the defendant acknowledges and reflects a criminal act, the defendant has a criminal record of driving alcohol two times, the defendant's age, family environment, unfavorable circumstances, such as the fact that the defendant's blood alcohol level at the time of committing the crime, and other conditions of sentencing, such as the defendant's age, family environment, and the time interval between the previous conviction and the crime of this case

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