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(영문) 광주지방법원 2018.08.16 2018고단2285
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 28, 2008, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Gwangju District Court on July 3, 2013, and a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Gwangju District Court on July 3, 2013.

On May 27, 2018, while under the influence of alcohol level of 0.083% from blood alcohol level around 22:02, the Defendant driven a 200-meter low-speed car in front of the road located in the monthly basin of Gwangju Mine-gu from the Do located at the top of 106-ro of the Gu of Gwangju Mine-gu to the roads located in the vegetable field of Gwangju Mine-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

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, such as the criminal records of the accused, the degree of alcohol concentration in the blood, driving distance, etc., for the reasons of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Juveniles;

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