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(영문) 광주지방법원 2018.10.25 2018고단3394

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

[criminal history] On December 24, 2010, the Defendant was sentenced to a summary order of a fine of two million won at the Gwangju District Court for a violation of the Road Traffic Act (driving driving), and a summary order of a fine of four million won at the same court on February 22, 2011, respectively.

[Criminal facts] On November 10, 2018, the Defendant driven B rocketing car with approximately 30 meters alcohol concentration of about 0.155% while under the influence of alcohol in the blood, from the front side of the Croke apartment store located in Gwangju Northern-gu, Gwangju-ro, 347 to the front side of the same Gu, 30 meters-ro 12 (tri-dong).

As a result, the Defendant, who violated the provision prohibiting driving of alcohol at least twice (Article 44(1) of the Road Traffic Act), was driving a drinking again as above.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A photograph of the situation of dispatch to 119 scenes;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of force);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. In light of the fact that there was a history of punishment for three times or more after 2004, including the criminal records as indicated in the reasoning for sentencing under Article 62-2 of the Criminal Act, and that a person subject to a suspended sentence of imprisonment with prison labor may be dismissed from his/her office when he/she is sentenced to a suspended sentence of imprisonment (it is difficult to choose a fine in light of the aforementioned circumstances, etc.), the person subject to a suspended sentence of imprisonment with prison labor shall be punished at once, taking into account the circumstances, such as the circumstance that the person subject to a suspended sentence of imprisonment with prison labor may be dismissed from his/her office). In addition, the sentence as ordered shall be determined by taking into account the circumstances of the person subject to the suspension of the