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(영문) 광주지방법원 2019.08.29 2019고단2463
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 June 14, 2019, at around 21:39, the Defendant driven a vehicle with approximately one meter, such as moving a D-wing and D-1t Cargo Vehicle CPC on the roads in Gwangju Dong-gu and CPC bank, while under the influence of alcohol of 0.167% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes notifying the result of regulating drinking driving;

1. Article 148-2(2)2 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. Even if the sentencing period under Article 62-2 of the Criminal Act has long run, the defendant has been sentenced to a suspended sentence once due to the crime of violation of the Road Traffic Act, etc., and one-time fine due to the violation of the Road Traffic Act, and there is no personal damage. However, there is no multiple personal damage, the defendant shall be selected and punished by imprisonment in consideration of the circumstances at a disadvantage of the defendant, such as the traffic accident that causes the shock of parked vehicles and the crackdown on drinking driving. However, the suspended sentence shall be imposed in consideration of the circumstances favorable to the previous criminal records, such as the distance between the previous criminal records and the fact that the defendant recognized his mistake

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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