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(영문) 광주지방법원 2019.09.19 2019고단2867
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 July 26, 2019, at around 02:50, the Defendant driven a FK7 vehicle under the influence of alcohol with about 500 meters alcohol concentration of about 0.145% from the section of approximately 500 meters from the front of the E-gu in B to the front of the E-gu in D.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to an investigation report (official application of the FDmark), and the results of the crackdown on drinking driving;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Even if the sentencing of Article 62-2 of the Criminal Act is long enough, the defendant shall be punished by imprisonment with prison labor at a time, taking into account the fact that he/she had been punished twice for drinking driving even before the crime of this case is committed;

In addition, the punishment as ordered shall be determined in consideration of the degree of blood alcohol, the details of the drinking driving, the distance and place of the drinking driving, the distance and the details of regulation with the previous records of drinking driving, the age, character and conduct, environment, circumstances after the crime, etc.

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