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(영문) 광주지방법원 2019.01.24 2018고단4931

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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 March 27, 2009, the Defendant is a person who has violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and on August 22, 2012, by receiving a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act from the Gwangju District Court at least twice.

On December 3, 2018, under the influence of alcohol 0.077%, the Defendant driven a 100-meter Franchising car from the Do preceding the Do in Gwangju Mine-gu to the front road located in Gwangju Mine-gu D, while under the influence of alcohol 0.07% of alcohol level around 22:19.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of a violation of the Road Traffic Act;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: To refer to inquiries and to the application of each summary order statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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. Article 62 (1) of the Criminal Act;

1. Taking into account all the circumstances, such as the accused's criminal records, blood alcohol concentration level, driving distance, etc., as the grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Probation, etc. Act, and the accused's mistake;