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(영문) 광주지방법원 2019.09.19 2019고단2798
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for four 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 May 31, 2019, at around 00:50, the Defendant driven Crocketing car at approximately 10 km away from the 10km road in Gwangju Mine-gu to the Seo-gu apartment complex, Gwangju, under the influence of alcohol level of 0.091%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Article 148-2(2)3 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 of Article 62-2 of the Criminal Act is long enough, the defendant shall be punished by imprisonment with prison labor at a time, taking into account the fact that he has been punished twice due to drinking driving even before the crime of this case was committed.

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 details of the crackdown, the age, character and conduct, environment, circumstances after the crime, etc.

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