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(영문) 광주지방법원 2019.09.26 2019고단2593

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

except that 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 March 31, 2017, the Defendant was issued a summary order of KRW 4 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.

At around 01:50 on July 13, 2019, the Defendant driven a fluorial car from approximately 500 meters away from the front side of the restaurant located in Gwangju Mine-gu B to the front road located in the same Gu E in the same Gu, while under the influence of alcohol content of 0.198%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. 112 Reporting case handling table; and

1. Previous convictions in judgment: Inquiry into materials about criminal and criminal history of foreigners, copy of a summary order, and application of Acts and subordinate statutes of report on investigation (verification of the same criminal history

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (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. The grounds for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence are as follows: (a) the confession of the defendant to commit a crime and reflects his mistake; (b) the defendant has no record of punishment except for the previous conviction in the judgment; (c) the defendant supports his three children; (d) blood alcohol concentration and other conditions of sentencing under Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive of the crime, circumstances after the crime, etc.