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(영문) 광주지방법원 2019.08.22 2019고단2224
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 October 1, 2010, the Defendant was sentenced to a fine of KRW 1.5 million by the Gwangju District Court for a violation of the Road Traffic Act (driving) at the Gwangju District Court on October 1, 201, a fine of KRW 2.5 million by the same court on October 22, 2010, and a fine of KRW 7 million by the same court on November 5, 2014.

【Criminal Facts】

At around 17:40 on May 17, 2019, the Defendant driven a rocketing car at a section of about 500 meters from the parking lot to the road located in the Nain-ro 45 of the Nain-ro, which is located in the National Land Information Center of Korea, in the state of 0.269% of blood alcohol concentration at the 0.269% of alcohol concentration at the Nain-ro in the state of Nain-ro.

Accordingly, the defendant, who was punished not less than twice due to drinking driving, once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol concentration;

1. Notification of the result of the crackdown on drunk driving (Evidence No. 24);

1. Previous convictions: Application of a reply to inquiries, such as criminal records, investigation reports (including attached summary orders and six copies of judgment), and statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

1. The punishment of imprisonment with prison labor shall be selected at the same time taking into account the fact that the defendant was punished four times after 2003 or more due to drinking alcohol, including the criminal records as indicated in the judgment of the court for the reasons of sentencing under Article 62-2 of the Criminal Act, and that the degree of blood alcohol concentration is very high;

In addition, the punishment as ordered shall be determined in consideration of the circumstances of drinking driving, the distance and place of drinking driving, the age and character, character and conduct, environment, circumstances after the crime, etc.

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