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(영문) 광주지방법원 2018.10.18 2018고단3312
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 November 5, 2007, the Defendant is a person who violated Article 44(1) of the Road Traffic Act not less than twice, by issuing a summary order of KRW 500,000 as a fine for a crime of the Road Traffic Act at the Gwangju District Court on November 5, 200, and a fine of KRW 1,50,000 as a crime of the Road Traffic Act at the Gwangju District Court on January 12, 201.

On July 18, 2018, under the influence of alcohol level of 0.122% among blood transfusion around 21:30, the Defendant driven a 100-meter Category BN vehicle from the Do located in the Yangsan-dong in Gwangju Northern-gu to the road located in 1059, as the Do located in Gwangju Northern-gu, 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. Previous convictions in judgment: Application of an inquiry letter, each summary order, and each statute;

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. Taking into account all the circumstances, including the criminal records of the defendant, the degree of alcohol concentration in blood, driving distance, etc., for the reason of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the said Act;

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