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(영문) 광주지방법원 2018.09.13 2018고단2802

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten 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 March 30, 2007, the Defendant was issued a summary order of KRW 2,500,000 for a crime of violating the Road Traffic Act at the Gwangju District Court on March 30, 2007, and was sentenced to a fine of KRW 6,00,000 for a crime of violating the Road Traffic Act at the Gwangju District Court on August 23, 2012, and on August 14, 2014, the Defendant was issued a summary order of KRW 5,00,00 for a crime of violating the Road Traffic Act at the Gwangju District Court on at least two occasions.

On June 30, 2018, under the influence of alcohol level of 0.169% among blood transfusion around 20:00, the Defendant driven a car with 2 km B mnife at the entrance of the apartment site from the court distance located in the Namdong-dong of Gwangju-gu to the entrance of the apartment site in the remote city located in the south-gu of Gwangju-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Each photograph and CD (Evidence No. 4,5);

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

1. Previous convictions in judgment: References to inquiries, each summary order, and the application of statutes;

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. The defendant is likely to repeat the crime of this case, including the previous conviction 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, but also commits the crime of this case.

Determination, on the other hand, consideration of all the circumstances, such as the fact that the defendant's mistake is recognized, that the defendant has no criminal record exceeding the fine, the degree of alcohol concentration during blood, driving distance, etc.