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(영문) 광주지방법원 2019.08.13 2019고단2108
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On December 21, 2018, the Defendant was issued a summary order of KRW 2 million by the Gwangju District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 3 million by the Gwangju District Court for a crime of violation of the Road Traffic Act on January 20, 2012, respectively.

【Criminal Facts】

On May 17, 2019, at around 09:26, the Defendant driven a FD car with a blood alcohol concentration of about 0.117% under the influence of alcohol at approximately 300 meters from the 300-meter section via D elementary school located in C from the front of the Masung-gun B to the front of the road.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of two copies of summary order Acts and subordinate statutes;

1. Article 148-2(1)1 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 sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined by comprehensively taking account of the various sentencing conditions as shown in the records and arguments of this case.

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