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(영문) 광주지방법원 2018.05.03 2018고단892
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On April 16, 2007, the Defendant was issued a summary order of KRW 2 million by the Gwangju District Court for a violation of the Road Traffic Act (driving driving), and on March 26, 2010, the Defendant was issued a summary order of KRW 2 million by the same court as the same crime.

[2] On February 27, 2018, the Defendant, while under the influence of alcohol level of 0.134% among blood transfusion around 06:38, the Defendant driven a D body-man car from approximately 5km to the road in front of the construction site of the apartment site in the Dong-gu Seoul-gu, Gwangju-gu to the southwest-gu, Gwangju-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (related to the application of the aforementioned d mark after death);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order;

1. Relevant legal provisions and Articles 148-2 (1) 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. For the reasons of sentencing under Article 62-2 of the Criminal Act, an order to attend a course of imprisonment shall be selected and punished, taking into consideration the level of alcohol alcohol, the circumstances leading to the driving of alcohol, the distance and place of the driving of alcohol, the age, sex, environment, circumstances after the crime, etc., and other relevant factors, shall be determined as ordered by the court;

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