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(영문) 광주지방법원 2018.08.21 2018고단2284

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for 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

On November 24, 2008, the Defendant was issued a summary order of KRW 1,50,000 as a crime of violating Road Traffic Act at the Gwangju District Court on April 4, 2013.

On May 10, 2018, around 06:45, the Defendant driven B rocketing car under the influence of alcohol with approximately 1km alcohol concentration of 0.112% from the 1km section from the parking lot in the Seo-gu, Seo-gu, Gwangju to the same Gu’s coefficient from the parking lot II to the front road in the south-gu, Seo-gu, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes, such as a written inquiry about criminal history and text of judgment;

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 Suspension of Execution (Taking into account the following: (a) the fact that the defendant recognized the crime of this case and reflects his mistake and has no record of punishment exceeding the fine);

1. The observation of protection and the order to provide community service and attend lectures, Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection;