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(영문) 광주지방법원 2018.09.06 2018고단2873

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

Reasons

Punishment of the crime

[criminal history] On March 29, 2012, the Defendant is a person who violated Article 44(1) of the Road Traffic Act two times or more by having been sentenced to a fine of KRW 4.5 million in the same court as the same crime on March 17, 2015, and having been sentenced to a fine of KRW 1 million in the same court.

[2] On June 15, 2018, the Defendant driven BM5 car from approximately 500 meters to the road front of the SK station in front of the same Gu, while under the influence of alcohol level of 0.064% among the blood transfusion around 22:50%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking;

1. Previous convictions in the judgment: Application of a reply to inquiry, such as criminal history, and a criminal investigation report (including the judgment attached thereto and the summary order attached thereto);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the 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. Sentence 62-2 of the Criminal Act: Imprisonment with prison labor shall be imposed in a lump sum, taking into account the defendant's drinking, driving power, etc. for sentencing;

Other punishment as ordered shall be determined in consideration of the degree of alcohol, the circumstances leading up to the driving of alcohol, the distance and place of the driving of alcohol, the age, sex, environment, circumstances after the crime, etc. of the defendant.