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(영문) 광주지방법원 2018.05.03 2018고단1037
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

[criminal history] On April 13, 2012, the Defendant was issued a summary order of KRW 2 million by the Gwangju District Court for a crime of violating the Road Traffic Act, and on June 26, 2009, a summary order of KRW 2 million was issued by the Gwangju District Court for a crime of violating the Road Traffic Act.

[2] The Defendant was a person who had violated Article 44(1) of the Road Traffic Act not less than twice, and was driving B AW-to-face under the influence of alcohol level of about 1.5 km from the road front of the Dong-dong Gyeongdong-gu, Gwangju, from around 02:09 on February 15, 2018 to around 04:46 on the same day, to the Kim Jong-gu, Gwangju. The Defendant driven B AW-to-face under the influence of alcohol level of about 0.06 % among blood alcohol level of about 1.5km.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and summary order statutes;

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. Sentence 62-2 of the Criminal Act requires a person to be sentenced to imprisonment at once, taking into account the defendant's influence of drinking, etc. for the reason of sentencing and punishment, and the punishment shall be determined as ordered in consideration of the degree of alcohol, the circumstances leading to driving alcohol, the distance and place leading to driving alcohol, the age, sex, environment, circumstances after the crime, etc. of the defendant;

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