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(영문) 광주지방법원 2019.02.14 2018고단4481

도로교통법위반(음주운전)

Text

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

On November 8, 2018, at around 00:47, the Defendant driven an E-5 car under the influence of alcohol leveling 0.081% of alcohol level from approximately 50 meters from the front of the parking lot in Gwangju Mine-gu, to the front of the D store located in the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the reporting on detection of drivers of drinking alcohol and the results of crackdown on drinking alcohol;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 3 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. In the event that the sentence of Article 62-2 of the Criminal Act includes a long-term force for sentencing, the defendant has a record of being sentenced to three times a fine due to drunk driving, and the defendant did not have any personal damage, and the crime of this case has been revealed by causing a traffic accident, he/she shall be selected and sentenced to imprisonment at this time.

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.