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(영문) 광주지방법원 2018.08.09 2018고단2360

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2] On August 30, 201, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act at the Gwangju District Court on August 30, 201, and issued a summary order of KRW 6 million to the same court on May 31, 2016.

[Criminal facts] On June 1, 2018, around 21:25, the Defendant driven B car in the state of alcohol alcohol concentration of approximately 0.137% from the 3km section from the front of the Seo-gu Seo-gu Gwangju City City City Park to the front of the hospital, Seo-gu in Gwangju, Seo-gu, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving and response to requests for appraisal;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a summary order-making statute;

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. An order to attend a course of punishment shall be imposed by selecting an imprisonment with prison labor at the same time, taking into account the defendant's records of punishment for drinking alcohol for sentencing under Article 62-2

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.