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(영문) 광주지방법원 2018.09.20 2018고단2814

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten 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 19, 2007, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Gwangju District Court. On June 4, 2010, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Gwangju District Court, and on June 30, 201, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Gwangju District Court. On June 30, 201, the Defendant was sentenced to a suspended sentence of eight months for imprisonment for a crime of violating the Road Traffic Act at the Gwangju District Court.

On June 27, 2018, the Defendant driven a 500-meter B rocketing car from the Do in front of the Do in which it is difficult to find out the trade name in the credit dong in Gwangju North-gu, under the influence of alcohol content 0.145% among the blood transfusion around 22:40, to the Do in front of the Do in which it is possible to find out the trade name in Gwangju North-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol during blood;

1. An investigation report (verification of parking vehicle booms images);

1. Previous convictions in judgment: Application of inquiry, inquiry, judgment, and each summary order;

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 suspended execution;

1. The sentencing grounds 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 Observation, etc. of Protection and Order to Attend, and considering all the circumstances, including the criminal records of the defendant, the alcohol density in blood, and driving distance;