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(영문) 광주지방법원 2018.10.25 2018고단3285
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 July 29, 2018, at around 19:10, the Defendant driven Creki knife in the section of approximately 4km alcohol concentration of approximately 0.332% in blood, from the section of approximately 4km to the back of 15-ro 194, west-ro, Gwangju-gu, Magdong-dong, Gwangju-dong, to the roads adjacent to the Korean Marsh Ga-dong, Gwangju-dong, Gwangju-dong, the Defendant driven Creki knife under the influence of alcohol content of about 194.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

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

1. A response to a request for appraisal of alcohol concentration in the blood;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable conditions: The Defendant again committed the instant crime even though he was punished in 2002 due to drinking driving, and the blood alcohol concentration was very high, etc.

(b) favorable conditions: The defendant's recognition of the crime of this case and reflects his mistake, and there is no record of punishment exceeding the fine;

C. The Defendant’s punishment was determined in consideration of the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, which were revealed in the records of the instant case.

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