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(영문) 광주지방법원 2018.11.08 2018고단3401
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On March 3, 2008, the Defendant was issued a summary order of KRW 1,500,000 for a crime of violation of the Road Traffic Act at the Gwangju District Court, and on April 1, 2008, issued a summary order of KRW 2,00,000 for a crime of violation of the Road Traffic Act at the Gwangju District Court on April 1, 2008. On January 7, 2011, the Defendant was issued a summary order of KRW 3,00,000 for a crime of violation of the Road Traffic Act at the Gwangju District Court on March 31, 201, and was issued a fine of KRW 3,00,00 for a violation of the Road Traffic Act at the Gwangju District Court on at least two occasions.

On August 21, 2018, the Defendant driven at around 22:54, a volume C truck with 300 meters from a place below the level of alcohol 0.138%, which was under the influence of alcohol, to the 455-ro, west-ro, Gwangju Northern-gu, west-ro, west-ro, Gwangju Northern-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. An explanatory note;

1. Previous convictions in the judgment: A reply to inquiry, each summary order, and the 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant is in danger of repeating the crime of this case by committing the crime of this case even though he was sentenced to a suspended sentence of imprisonment with prison labor for the reason of sentencing under Article 62-2(1), the main sentence of Article 62-2(2), the main sentence of Article 59 of the Criminal Act, and Article 69 of the Act on the Observation, etc. of Protection and Order to Attend

On the other hand, considering all the circumstances, such as the fact that the defendant's mistake is recognized, that there is no criminal punishment for more than seven years prior to the instant crime after being sentenced to a suspended sentence of imprisonment on March 11, 201, and that there is no criminal punishment for more than seven years, and the alcohol concentration value, driving distance, etc.

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