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(영문) 광주지방법원 2019.02.19 2018고단4923

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 February 5, 2007, the Defendant is a person who has violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 700,000 as a fine for a crime of violation of the Road Traffic Act at the Gwangju District Court on June 4, 2010, and a summary order of KRW 2 million as a fine for a crime of violation of the Road Traffic Act at the Gwangju District Court on June 4, 201.

On November 17, 2018, the Defendant, while under the influence of alcohol at 0.198% from blood alcohol level, driven a 60-meter Esch Rexroth car from the Do preceding the Cju store in the Gwangju Mine-gu to the front of the convenience store in the Gwangju Mine-gu.

Summary of Evidence

1. Defendant's legal statement;

1. On-site evidence and photographs;

1. The circumstantial statement of the employee;

1. CCTV video CDs;

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

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Taking into account all the circumstances, such as the criminal records, blood alcohol concentration, driving distance, etc. of the defendant for the reason of sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act and Article 59 of the Act on Probation