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(영문) 광주지방법원 2018.09.13 2018고단2965

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment with prison labor 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

[2] On February 22, 2011, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and on June 28, 2013, issued a summary order of KRW 4.5 million for a crime of violating the Road Traffic Act at the Gwangju District Court.

[Criminal facts] The Defendant is a person driving a vehicle B rocketing.

On July 15, 2018, the Defendant driven the said car at the area of approximately 700 meters away from the Manyang-gun's Goyang-gun's Goyang-gun's Goyang-gun's Goyang-gun's Goyang-gun's Goyang-gun's Goyang-gun's Goyang-gun's Goyang-gun's Goyang-gun's Goyang-gun's Goyang-gun's Goyang-gun's 37-dong mountain village.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice and drives a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, a report on investigation, and a report on investigation (Attachment to a report on the same type of judgment attached to the same type of judgment);

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 defendant's records of punishment for drinking alcohol for sentencing under Article 62-2 of the Criminal Act (total four times after 204, one time of which is suspended of execution), etc. shall be selected and punished by imprisonment for the reason of sentencing;

Other punishment as ordered shall be determined in consideration of the degree of alcohol, the circumstances leading up to the driving of alcohol, the distance and place of the driving of alcohol, the age, sex, environment, circumstances after the crime, etc. of the defendant.