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(영문) 광주지방법원 2018.11.06 2018고단3628

도로교통법위반(음주운전)등

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 August 21, 2018, the Defendant, around 22:05, driven a B low-speed car while under the influence of alcohol concentration of 0.090% from blood alcohol level, even though the validity of the driver’s license was suspended at approximately 700 meters from the end of the horse market located in the Northern-dong of Gwangju to the roads adjacent to the Orasi Center (Hah-dong) of the same Gu (the period of suspension disposition: from June 25, 2018 to October 2, 2018).

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

(a) Conditions disadvantageous to the defendant: The defendant was punished twice due to drinking prior to the instant case;

(b) favorable conditions: The defendant's recognition of the crime of this case and reflects his mistake, and there is no record of punishment exceeding the fine;

C. The Defendant’s punishment was determined by taking account of various sentencing conditions prescribed in Article 51 of the Criminal Act, which are shown in the Defendant’s age, sex, environment, and other records of this case.