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(영문) 광주지방법원 2018.07.17 2018고단1960

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 October 18, 2012, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Gwangju District Court, and on January 15, 2018, the Defendant was issued a summary order of 1.5 million won for the same crime at the same court.

On May 3, 2018, around 15:30 on the Seo-gu, Seo-gu, Gwangju, the Defendant driven Bone Starex under the influence of alcohol leveling 0.143% from approximately 20 meters to the front road of the compact coffee viewing, which is located in the same Gu as a regular citizen of the Gu, from the front road.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on drinking driving;

1. On-site photographs;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

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;