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(영문) 광주지방법원 2018.11.08 2018고단3578

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 August 14, 2018, at around 21:35, the Defendant driven a B-to-purd vehicle under the influence of alcohol leveling 0.225% of alcohol level in the blood, from the front day of the filial health well-being in Gwangju Northern-dong to the front day of the new interester in the same Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Written response to a request for appraisal;

1. Application of Acts and subordinate statutes to a report on detection of drivers of drinking alcohol and the results of crackdown on driving alcohol (Evidence List No. 19);

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course for sentencing under Article 62-2 of the Criminal Act shall be selected and punished by imprisonment, taking into consideration the following: (a) even if it has long been sentenced to a fine twice due to drinking alcohol driving; (b) the degree of alcohol alcohol is high; and (c) a traffic accident that causes physical damage due to a shock of parked vehicles and resulting in a motor vehicle accident that causes a criminal

In addition, in consideration of the circumstances of drinking driving, the distance and place of drinking driving, the age of the accused, sexual conduct, environment, circumstances after the crime, etc., the punishment as ordered shall be determined.