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(영문) 광주지방법원 2019.01.24 2018고단3538

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 8, 2011, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 2,00,000 from the Gwangju District Court to a fine of KRW 2,00,000 as a crime of violation of the Road Traffic Act; on January 12, 2012, the summary order of KRW 3,00,000 as a crime of violation of the Road Traffic Act; on August 22, 2012, the Gwangju District Court issued a summary order of KRW 5,00,00 for a fine of KRW 5,00,00 as a crime of violation of the Road Traffic Act at the Gwangju District Court at least twice.

On August 22, 2018, the Defendant, while under the influence of alcohol at 0.128% of alcohol level, driven a 3km string-ro from the alleyway in Gwangju Mine-gu to the shooting distance of the E Hospital located in Gwangju Mine-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection;

1. The circumstantial statement of the employee;

1. Cracking photographs;

1. Previous convictions in judgment: To refer to inquiries and to the application of each summary order statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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(1) of the Criminal Act, Article 59 of the Act on Probation, etc. are as follows: The defendant's mistake is recognized; and the criminal records of the defendant, blood alcohol concentration level, driving distance, etc. are taken into account;