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(영문) 광주지방법원 2019.01.24 2018고단4434
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

On June 16, 201, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act at the Gwangju District Court on June 16, 201, and on September 12, 2017, the Defendant was sentenced to a fine of KRW 5,00,000 for a violation of the Road Traffic Act at the Gwangju District Court on at least two occasions.

On October 3, 2018, at around 04:27, the Defendant driven a 20km B K5 car from the Do located at 16, North-gu, South-gu, Nam-gu, Seoul, Seoul, about 0.01% of alcohol level, to the 77 km-ro, GowonIC on the downline of the coast Highway, which is located at the high-speed high-speed of the west-gun, North-gu, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A previous conviction in judgment: An inquiry letter, summary order, and application of 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. Taking into account all the circumstances, such as the criminal records, blood alcohol density, driving distance, etc. of the defendant for the reason of sentencing Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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