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(영문) 광주지방법원 해남지원 2020.02.20 2019고단182
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 2, 2019, at around 21:35, the Defendant driven an E-Charactering car in the direction of approximately 2 km from the section of approximately 0.137% of blood alcohol concentration to the front road of Jindo-gun, Jindo-gun, Jindo-gun, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished three times for drunk driving (200, 2004, and 2006). The blood alcohol concentration (0.137%) at the time is not lower than that of the defendant. However, the defendant's age, character, environment, motive, means and consequence of the crime including the defendant's age, personality and behavior, environment, distance from drinking driving, distance from previous drinking alcohol, distance from previous drinking alcohol, distance from previous drinking alcohol, and distance from previous drinking alcohol, and the interval between previous drinking alcohol, etc., and all the sentencing conditions shown in the records and arguments shall be determined as ordered.

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