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(영문) 광주지방법원 2019.02.19 2018고단5284

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not more than ten 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 December 3, 2010, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by being sentenced to a summary order of KRW 2,000,000 by a fine for a violation of the Road Traffic Act at the Gwangju District Court on December 3, 201, and a fine of KRW 2,00,000 by a fine at the Gwangju District Court on June 9, 201.

On November 29, 2018, while under the influence of alcohol of 0.107% without a driver's license, the Defendant driven a 1.5km Fpoter Ⅱ truck from the Do in front of the cafeteria, the south C Do in the west-gun B to the front of the E-road located in D, the 1.5km East C Do.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. The circumstantial statement of the employee;

1. An accident site photograph;

1. Registers of driver's licenses;

1. Previous convictions in judgment: The results of inquiry and the application of each summary order statutes;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

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

1. The grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, Etc., and consideration of the criminal records of the defendant, blood alcohol concentration, driving distance, etc.