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(영문) 광주지방법원 2018.05.24 2018고단1221
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 March 30, 2018, while under the influence of alcohol leveling 0.317% from blood alcohol leveling around 21:35, the Defendant driven a 2 km B SP car from the Do near the G-gu river basin in the Gwangju Mine-gu, to the roads front of the G-gu gas station.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of enforcement manual statutes;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (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. The grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the said Act, and consideration of all the circumstances, including the criminal records of the Defendant, the alcohol concentration level in blood, driving distance, etc.

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