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(영문) 광주지방법원 2018.12.18 2018고단4171

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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

On July 1, 2014, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and on November 11, 2010, the Defendant was sentenced to imprisonment for six months with prison labor for the same crime, etc. at the same court, and on January 13, 2009 at the same court, eight months, and the Defendant was sentenced to a summary order of KRW 2.5 million for the same crime, etc. at the same court on January 18, 2008.

On September 5, 2018, around 12:07, the Defendant driven approximately 3m-meter 1, while under the influence of alcohol content of 0.179% during blood, at the parking lot for the Gangseo-gu Seoul Metropolitan Government Gambro 6-gil 30,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act suspended execution (the fact that the defendant approved the crime of this case and reflects his mistake and the short driving distance);

1. The observation of protection and the order to provide community service and attend lectures, Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection;