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(영문) 광주지방법원 2018.12.13 2018고단4244
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor 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 September 22, 2018, the Defendant driven BMW 520 d motor vehicles under the influence of alcohol 0.141% during blood alcohol at approximately 300 meters from the road of the Republic of Korea located in Gwangju Mine-ro 199, a new post office located in the same new ro-ro 61, the old new ro-ro 300 meters from the road of the Republic of Korea, Gwangju Mine-ro 199.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

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

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

1. An order of education under Article 62-2 of the Criminal Act shall be imposed by selecting an imprisonment with prison labor at a time, taking into account the defendant's records of punishment for drinking alcohol (total three times after 201) and other factors;

In addition, in consideration of the degree of alcohol, the circumstances leading up to driving under the influence of alcohol, the distance and place where a person drives under the influence of alcohol, the age, sex, environment, circumstances after the crime, etc., the punishment shall be determined as per the order.

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