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(영문) 광주지방법원 2018.09.11 2018고단2801

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 November 4, 2011, the Defendant was issued a summary order of 2.5 million won by a fine for a crime of violating the Road Traffic Act at the Gwangju District Court, and on December 18, 2014, the Defendant was issued a summary order of 2 million won by the same court as a crime of violating the Road Traffic Act.

Defendant 2018

6. Around 29.03:25, in the vicinity of an apartment building in Gwangju-gu, Gwangju-gu to the front road of the 15th South East-gu, Gwangju-gu, Gwangju-ro, Gwangju-ro, a vehicle B, while under the influence of alcohol concentration of about 0.107%, at approximately 500 meters, was driven by a vehicle B, while under the influence of alcohol concentration.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 Suspension of Execution (Taking into account the following: (a) the fact that the defendant recognized the crime of this case and reflects his mistake and has no record of punishment exceeding the fine);

1. The observation of protection and the order to provide community service and attend lectures, Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection;