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(영문) 광주지방법원 2018.04.19 2017고단5811
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 31, 2008, the Defendant issued a summary order of a fine of KRW 1.5 million at the Gwangju District Court for a crime of violating the Road Traffic Act, and a fine of KRW 5 million at the Gwangju District Court on January 29, 2015 for a crime of violating the Road Traffic Act.

On October 4, 2017, around 22:10, the Defendant driven D K5 car in the state of alcohol alcohol concentration of approximately 0.217% from the 2km section of approximately 2km to the front road of C in Naju City, from the front of the Maga hall, which is located in 21-gil, a day off from the 1st day of the light-ray 21:0,000, to the front road of C in Naju City.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (including a copy of the summary order attached thereto) by statutes;

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. Sentence 62-2 of the Criminal Act requires the defendant to be sentenced to imprisonment at once in consideration of the defendant's influence of drinking alcohol for the reason of sentencing; and

Other punishment as ordered shall be determined in consideration of the degree of alcohol, the circumstances leading up to the driving of alcohol, the distance and place of the driving of alcohol, the age, sex, environment, circumstances after the crime, etc. of the defendant.

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