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(영문) 광주지방법원 2019.09.19 2019고단2958
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On July 15, 2016, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Gwangju District Court.

【Criminal Facts】

On July 30, 2019, at around 06:55, the Defendant driven a B K7 car with approximately 80km alcohol concentration of 0.14% in the section of approximately 80km from the influence of the address of the Jeonju-si (hereinafter referred to as the “Seosung-gun”) to the monthly intersection located in the Jeonsung-gu, Sungsung-gun, Sungsung-gun.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking driving control and inquiry of the results of drinking driving control;

1. Previous convictions in judgment: Criminal records and other inquiries, and the application of Acts and subordinate statutes on investigation reports (the same criminal records and confirmation of suspects);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. An order to attend a lecture, as indicated in the reasoning of sentencing in Article 62-2 of the Criminal Act, has been punished once by a fine even before the instant crime was committed, taking into account the fact that it is difficult to see that the previous drinking driving force and the distance between the instant crimes is shorter, a person who selected and punished imprisonment at this time shall be punished by imprisonment.

Other punishment as ordered shall be determined in consideration of the degree of blood alcohol, the details of the drinking driving, the distance and place of the drinking driving, the details of the crackdown, the age and character of the accused, character and conduct, environment, criminal records, circumstances after the crime, etc.

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