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(영문) 광주지방법원 2019.05.23 2019고단1118
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

At around 05:40 on March 31, 2019, the Defendant driven a D car to approximately 2 km up to the C building portion located in Gwangju Northern-gu B before the mutual influence in the high-class district of Gwangju Mine, while under the influence of alcohol at 0.089% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control and the application of Acts and subordinate statutes to inquire about the results thereof;

1. If the pertinent Article on criminal facts, Articles 148-2(2)3 and 44(1) of the Road Traffic Act of the choice of punishment, including long-term force for sentencing of imprisonment, the Defendant has been punished four times since 2002, or for drinking driving, and one of them was sentenced to a suspended sentence (the Defendant was sentenced to four months of imprisonment and two years of suspended sentence at the Gwangju District Court on December 10, 2015).

Nevertheless, it is difficult to view that the Defendant is under the risk of re-offending by the Defendant, while driving a vehicle in the state of drinking without reflection and drinking.

Even if considering the fact that the defendant acknowledges and reflects his mistake, it is necessary to strictly punish the defendant at this time.

I would like to say.

Other punishment as ordered shall be determined in consideration of the degree of blood alcohol, the circumstances leading to the drunk driving, the distance and place leading to the drunk driving, the circumstances leading to the crackdown on the crime of this case, the defendant's age, character and behavior, environment, circumstances after the crime, etc.

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