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(영문) 광주지방법원 2019.07.25 2019고단2038
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for four 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

At around 14:55 on June 8, 2019, the Defendant driven a DM5 car from approximately 3 km section from the front of the main fabab in Gwangju Mine-dong to the front road located in the same Gu, while under the influence of alcohol by 0.05% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Article 148-2(2)3 and Article 44(1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

1. When the sentence of Article 62-2 of the Criminal Act includes a long-term electric force for sentencing, the defendant is punished twice by a fine (the defendant is punished by imprisonment at the Gwangju District Court on June 6, 2005 by a summary order of a fine of KRW 700,000 as a crime of violating the Road Traffic Act, and a summary order of KRW 1.5 million as a fine was issued by the same court on July 24, 2014) even before the crime of this case is committed at this time, taking into account the fact that he/she has a record of being punished by imprisonment.

Other 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 age, character and conduct, environment, circumstances after the crime, etc.

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