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(영문) 광주지방법원 2018.08.23 2018고단2532
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 April 16, 2007, the Defendant was issued a summary order of KRW 1,00,000 for a crime of violating the Road Traffic Act at the Gwangju District Court, and on September 11, 2007, the Defendant was issued a fine of KRW 2,50,000 for a crime of violating the Road Traffic Act at the Gwangju District Court on September 11, 2007, and on May 9, 2012, the Defendant was sentenced to a fine of KRW 4,00,00 for a crime of violating the Road Traffic Act at the Gwangju District Court on at least two occasions.

On June 23, 2018, while under the influence of alcohol leveling to 0.104% from blood alcohol leveling around 21:00, the Defendant driven a 500-meter C Poter vehicle from the front of the Pyeongtaek-dong Corporation located one time in Pyeongtaek-dong, Gwangju Mine-gu, to the front road located in the Pyeongtaek-dong community service center located in 790 square-dong, 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: References to inquiries, summary orders, and application of statutes;

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. The grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the said Act, and consideration of all the circumstances, including the criminal records of the Defendant, the alcohol concentration level in blood, driving distance, etc.

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