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(영문) 광주지방법원 2019.01.17 2018고단4816

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 June 11, 2007, the Defendant issued a summary order of KRW 2 million at the Gwangju District Court for a crime of violation of the Road Traffic Act (driving). On October 20, 2018, the Defendant is a person who was indicted for a violation of the Road Traffic Act (driving) and currently is under trial at the Gwangju District Court's Branch on November 5, 2018.

【Criminal Facts】

On November 25, 2018, while under the influence of alcohol around 04:40%, the Defendant driven from the 2nd cycle of the Seo-gu, Seo-gu, Gwangju to the same Gu Pungchoro (In each month), the Defendant driven from approximately 2 km to the erode of the same Gu Pungamro (In each month), the Defendant driven from around 2 km to the erodi vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking driving control and inquiry of the results of drinking driving control;

1. Previous convictions in judgment: A response to inquiries, such as criminal records, a report on the results of dispositions and confirmation, and the application of Acts and subordinate statutes on investigation reports;

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. Article 62 (1) of the Criminal Act;

1. When the sentencing of Article 62-2 of the Criminal Act includes a long-term force for the reason of sentencing, the Defendant has already been punished by a fine for two times or a drinking driving; the Defendant, like the record of the criminal records, drives a vehicle in the state of drinking and driving the vehicle in the state of drinking; and even though there was no personal damage, even if there was no personal damage, he/she shall be punished by imprisonment at this time by taking into account the fact that the instant crime was prevented by causing a single traffic accident that meets the road seat.

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.