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(영문) 광주지방법원 2018.09.13 2018고단2736
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 June 6, 2018, at around 13:00, the Defendant driven C Spoon vehicles with alcohol concentration of about 0.347% from the underground parking lot of about 300 meters to the front parking lot of about 205, the Defendant driven C Spoon vehicles with alcohol concentration of around 300 meters from the underground parking lot of approximately 300 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes notifying the result of regulating drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. A person who selects a sentence of imprisonment with prison labor, considering the fact that the sentence of Article 62-2 of the Criminal Act on the grounds of sentencing is highly high in alcohol level and that even long-term the defendant has a power to be punished once due to drinking traffic accidents;

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

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