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(영문) 광주지방법원 2018.10.11 2018고단2594
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 November 13, 2006, the Defendant is a person who has violated Article 44(1) of the Road Traffic Act by issuing a summary order of KRW 500,000 as a penalty for a violation of the Road Traffic Act at the Gwangju District Court on November 13, 2006, and a fine of KRW 1,50,000 as a penalty for a violation of the Road Traffic Act at the Gwangju District Court on June 4, 201.

[2018 Highest 2594] On June 24, 2018, under the influence of alcohol level of 0.110% among blood transfusion around 07:05, the Defendant driven a 100-hour B rocketing car from the front day of drinking fat area in the Gwangju Mine-gu to the front day of the 74-lane in the water completion of Gwangju Mine-gu.

[2018 Highest 2803] On July 2, 2018, the Defendant driven the above 100m string car from the Do in front of the restaurant where the trade name in the Blackdong in the Gwangju Mine-gu cannot be known while under the influence of alcohol level 0.092% among the blood transfusion around 01:30 on July 2, 2018.

Summary of Evidence

【Criminal Records】

1. Written inquiry and reply;

1. Each summary order (2018 highest 2594);

1. Statement by the defendant in court;

1. All on-site photographs;

1. Statement on the circumstances of the driver's license in the main place (2018 high group 2803);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (or choice of imprisonment with prison labor) concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In addition, Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection and Order to Attend the Criminal Act have the same kind of criminal records for the reason of sentencing, as well as Article 62-2(1) and (2) of the Act on the Observation, etc. of Protection and Order to Attend, and there is a risk of recidivism by the defendant, such as recommitting a motor vehicle again, because it is difficult for

On the other hand, it is judged that the defendant's mistake is recognized, the alcohol concentration in blood, and driving distance.

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