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(영문) 광주지방법원 2019.09.19 2019고단2930
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

On July 19, 2019, at around 16:50, the Defendant driven a Fwing 3t truck with the blood alcohol concentration of about 0.154% in a section of approximately 8km from the front of the “C” restaurant located in Gwangju Mine-gu B to the front of the “E” in Gwangju Northern-gu.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Even if the reason for sentencing under Article 62-2 of the Criminal Act has long been long, the defendant was punished twice even prior to the crime of this case, and his personal injury did not occur even before the crime of this case, and the defendant's crime of drinking alcohol was revealed by causing a traffic accident, he/she shall be selected and punished by imprisonment with prison labor at this time.

In addition, the punishment as ordered shall be determined in consideration of the blood alcohol concentration, the reason why the drinking driving was conducted, the distance and place of the drinking driving, the distance between the previous drinking record and the crime in this case, the defendant's age, character and behavior, environment, circumstances after the crime, etc.

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