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(영문) 광주지방법원 2018.10.18 2018고단3286
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 November 17, 2010, the Defendant is a person who has violated Article 44(1) of the Road Traffic Act at least twice by receiving a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Gwangju District Court on November 17, 2010, and a fine of five million won for a crime of violating the Road Traffic Act at the Gwangju District Court on August 30, 2012.

On August 16, 2018, under the influence of alcohol level of 0.116% among blood transfusion around 21:51, the Defendant driven 1 km B SM5 car from the Do in front of the restaurant at the Manambambamb in Gwangju Northern-gu, to the 20-1 ambened road prior to the ambibibam in Gwangju Northern-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. An explanatory note;

1. Previous convictions in judgment: Application of an inquiry letter, each summary order, and each statute;

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 suspended execution;

1. Taking into account all the circumstances, including the criminal records of the defendant, the degree of alcohol concentration in blood, driving distance, etc., for the reason of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the said Act;

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