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(영문) 광주지방법원 2018.12.13 2018고단4104

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than eight 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

On September 11, 2009, the Defendant was issued a summary order of KRW 2,00,000 as a crime of violating the Road Traffic Act at the Gwangju District Court on September 11, 2009, and on April 4, 201, the Defendant was issued a fine of KRW 3,50,000 for a crime of violating the Road Traffic Act at the Gwangju District Court on April 4, 201, and was issued a summary order of KRW 3,50,00 for a crime of violating the Road Traffic Act at least twice.

On October 12, 2018, while under the influence of alcohol level of 00:45%, the Defendant driven B B benz automobiles from the Do near the Cheongju-dong located in Yangsan-dong, Gwangju, to the 13th Maart village in the North-gu, Chungcheongnam-gu, Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of an inquiry letter, each summary order, and each statute;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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. Taking into account all the circumstances, such as the criminal records of the defendant, the amount of alcohol concentration in blood, driving distance, etc., on the grounds of 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 the Observation, etc. of Protection and Order to Attend