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(영문) 광주지방법원 해남지원 2019.06.13 2019고단118
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 28, 2019, at around 21:45, the Defendant driven a F car under the influence of alcohol with approximately 1.5 km alcohol concentration of about 0.14% from the front road of the “C” located in the Jeondo-gun, Jeonnam-do-gun, to the front road of the E-high School located in the Jeondo-gun, Jeonnam-do-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the results of the control of drinking driving and the circumstantial statement of drinking drivers;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures, despite the fact that the defendant had been punished three times for drunk driving, led to the crime of this case, and the blood alcohol concentration level (0.144%) at the time was not lowered. However, considering the defendant's age, character, environment, motive, means and consequence of the crime including the defendant's age, personality and behavior, environment, distance from drinking driving, distance from previous drinking, distance from previous drinking power, distance from previous drinking, and distance from previous drinking, etc., and all of the sentencing conditions specified in the arguments, such as records and arguments, the circumstances after the crime, etc.

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