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(영문) 광주지방법원 2018.09.13 2018고단2811

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 10, 2018, under the influence of alcohol level of 0.259% among blood transfusion around 23:59, the Defendant driven a motor vehicle of 5 km MA4 meters at the front of the road along the south of the southwest-gu in Gwangju, Seo-gu from the Do near the ewp-dong of the electric ewning-dong in Gwangju, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. N’s statement;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (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. Taking into account all the circumstances, including the criminal records of the defendant, the degree of alcohol concentration in blood, driving distance, etc., for the reason of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the said Act;