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(영문) 광주지방법원 2019.03.21 2018고단4927

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On November 29, 2018, at around 22:55, the Defendant driven a E-motor vehicle under the influence of alcohol level of about 0.142% in the 3km section from the front of the Gwangju Mine-gu, to the front road of the “D” located in the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control and the application of Acts and subordinate statutes to inquire about the results thereof;

1. Relevant Article 148-2(2)2 and Article 44(1) of the Road Traffic Act regarding criminal facts, the reason for sentencing of sentence of imprisonment with prison labor, the defendant has a total of five times after 2001, or has been punished for drunk driving. Among them, two times or more in cases where other crimes have been committed together, and two times or more in cases where the defendant was sentenced to imprisonment with prison labor.

On the other hand, on November 16, 2017, the Defendant was sentenced to a suspended sentence of two years for six months by committing a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents at the Gwangju District Court. The Defendant did not commit the instant crime and committed the instant crime during the suspended sentence period pursuant to the above judgment.

The punishment corresponding to the defendant's act will be chosen to imprisonment.

Other punishment as ordered shall be determined in consideration of the degree of blood alcohol, the details of the drinking driving, the distance and place of the drinking driving, the age, character and conduct, environment, circumstances after the crime, etc.