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(영문) 광주지방법원 2019.03.14 2019고단53

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On December 5, 2013, the Defendant issued a summary order of 1.5 million won for the crime of violating the Road Traffic Act at the Gwangju District Court on the same day, and issued a summary order of 2.5 million won for the same crime in the same court on June 20, 2014.

【Criminal Facts】

On December 23, 2018, at around 01:20, the Defendant driven a car under the influence of alcohol concentration of 0.106%, so that it can be set up in approximately 500 meters from the C's street adjacent to the Seo-gu, Seo-gu, Gwangju to D's street E.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Inquiry the results of the drinking driving control;

1. A report on the actual state of the driver;

1. Investigation reports (Application of the Madmark);

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (Attachment of the same criminal records and summary order)-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act shall be determined as ordered by taking into account the defendant's records of the same crime, driving circumstances, driving distance, driving distance, the degree of taking notes, and other various conditions of sentencing as shown in pleadings, such as the defendant's age, character and conduct, environment, motive of the crime, and circumstances after the crime;