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(영문) 광주지방법원 2019.01.22 2018고단4581
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 September 11, 2006, the Defendant received a summary order of KRW 700,000 from the Gwangju District Court to a fine of KRW 1,500,000 as a crime of violation of the Road Traffic Act, and a summary order of KRW 1,50,000 as a fine in the same court on July 16, 201.

On October 16, 2018, at around 19:17, the Defendant driven the F B-be cruise car in the state of alcohol alcohol concentration of about 0.09% from approximately 150 meters to the front road of the E-State store located in Seo-gu, Seo-gu, Gwangju to the 150m-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Records before judgment: Application of criminal records, etc. inquiry reports and summary order-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

A. Unfavorable condition: The Defendant again commits the instant crime even though he was subject to punishment three times including the previous convictions of all judgment due to drinking, and eventually causes a traffic accident during drinking.

(b) favorable conditions: The fact that the defendant recognizes the crime of this case and reflects his mistake, and that there is no penalty power exceeding the fine due to drinking driving, etc.

C. The Defendant’s punishment was determined in consideration of the Defendant’s age, character and conduct, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act.

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