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(영문) 광주지방법원 2019.08.22 2019고단2161

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 26, 2019, the Defendant was under the influence of alcohol of 03:20% and blood alcohol concentration of 0.080%, and the Defendant was under the influence of alcohol from around the C convenience store in Gwangju Mine-gu, Gwangju Mine-gu to the Domote parking lot in Gwangju Mine-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report on the circumstantial statements and investigation report of a host driver;

1. Relevant legal provisions regarding criminal facts, Articles 148-2(2)3 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the Defendant, on the grounds of sentencing choice of imprisonment, was subject to the suspension of the execution of imprisonment for a crime committed under the influence of alcohol or a crime that escaped after a traffic accident, on the grounds that the Defendant was sentenced to two occasions.

In addition, in 2018, the defendant is sentenced to a punishment in that he was sentenced to a fine for driving without a license even though he was sentenced to a fine for driving without a license.

In addition, the punishment as ordered shall be determined by comprehensively taking into account various circumstances, such as the motive for drinking alcohol driving, the place and distance of drinking alcohol driving, the blood alcohol concentration, the circumstances after committing the crime, the defendant's age, character and conduct, and the environment.