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(영문) 광주지방법원 2019.07.25 2019고단1599

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal power] On August 3, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on August 3, 2009 and a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Seoul Northern District Court on November 15, 2007.

【Criminal Facts】

On May 1, 2019, the Defendant driven a motor vehicle in the E Spoty area while under the influence of alcohol content of about 0.298% from the section of approximately 100 meters to the same Gu D-do road.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of two copies of summary order Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence identical to the order shall be determined by comprehensively taking account of various sentencing conditions as shown in the records and arguments of the case, such as the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of the principal offense, the family relationship, the