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(영문) 광주지방법원 순천지원 2017.02.02 2016고단1952
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 October 28, 2011, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Seocheon Branch of the Gwangju District Court, and on April 12, 2010, a summary order of KRW 1 million for the same crime at the same court.

around 19:55 on October 2, 2016, the Defendant driven a B car with alcohol content of about 2km from a section of about 0.057% from the front of the new flag park located in the new flag park in the Flag-dong in the same city, to the front road of the stable name in the same city.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, even though the Defendant violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving under drinking;

1. Previous convictions: Inquiry about criminal history, investigation report (report on confirmation of the same criminal records as the suspect), application of Acts and subordinate statutes of three copies of 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The criminal records of the defendant's same crime for the reason of sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order, community service order, and order to attend lecture (a long term has served as one time suspension of execution), the records of the defendant's past criminal records in the year 2015, and the records of the suspended sentence of this case have served as the sentence to prevent recidivism by taking into account the drinking volume of this case, the age and occupation

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