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(영문) 광주지방법원 순천지원 2020.06.11 2019고단3048
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On September 24, 2008, the Defendant was sentenced to a suspended sentence of two years for the eight-month imprisonment with labor due to a violation of the Road Traffic Act in the application of the Gwangju District Court's Netcheon Branch.

【Criminal Facts】

On December 8, 2019, around 22:35, the Defendant driven an EM7 car in the state of alcohol alcohol concentration of about 0.086% at the 10km section from the front of the “C” 'C’, which is located in Net City B, to the front of the same city, around that time.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Making a report on the control of drinking driving;

1. Before ruling: Criminal history records, inquiry reports, investigation reports, judgment, application of summary order Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Probation Criminal Act include the Defendant’s age, character and conduct, environment, and criminal records (at least several times of criminal punishment for the same kind of crime, but the last previous and previous crimes were committed on the basis of the date of the crime), the motive and background of the crime, degree of blood alcohol alcohol at the time of driving, the degree of drinking driving distance, and the circumstances after the crime, etc., and all of the sentencing factors in the trial process of this case shall be determined as ordered.

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