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(영문) 광주지방법원 2019.01.10 2018고단4416

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for four 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 October 26, 2018, while under the influence of alcohol at 0.054%, the Defendant driven a 100-meter DNA car from the front of a restaurant where the trade name in the Gu of Gwangju is unknown, to the front road located in Gu of Gwangju, Gwangju, from the Do to the front road located in Gu of Gwangju, under the influence of alcohol at 0.054%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act;

1. Taking into account all the circumstances, such as the fact that the defendant's mistake is recognized by the reason for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., the fact that the blood alcohol concentration is not high, and the defendant has the same criminal record on the other hand;