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(영문) 광주지방법원 2018.04.26 2018고단484
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 24, 2010, the Defendant was sentenced to a fine of one million won or more as a crime of violating the Road Traffic Act at the Gwangju District Court on December 24, 2010, and a fine of 4.5 million or more won by the same court on January 9, 2013, respectively.

On February 1, 2018, the Defendant driven a 1km B car from the distance of the construction section in Gwangjubuk-gu to the same 2nd class of light, while under the influence of alcohol 0.136% during blood transfusion, around 22:54, the Defendant driven a around 1km B car from the distance of the construction section in Gwangjubuk-gu to the same 2nd class.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

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. An order to attend a lecture shall be imposed by selecting a prison term of imprisonment at once taking into account the defendant's records of driving alcohol for sentencing under Article 62-2 of the Criminal Act; 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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