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(영문) 광주지방법원 2019.11.28 2019고단3376

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

[Criminal Power] On May 31, 2016, the Defendant was sentenced to a fine of KRW 5 million by the Gwangju District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On August 4, 2019, at around 07:45, the Defendant driven a D low-speed car with a blood alcohol content of 0.114% while under the influence of alcohol from approximately 7 km to the roads near the Seoul University located in Gwangjubuk-gu, to the roads adjacent to the said Honam Highway (Yanananananando).

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Previous convictions: Application of investigation reports (limited to previous convictions for driving the same kind of motor vehicle and attaching written judgments);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, 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 sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined by taking into account the various sentencing conditions as shown in the records and arguments of this case.