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(영문) 광주지방법원 2019.01.24 2018고단4895
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 January 29, 2010, the Defendant is a person who has violated Article 44(1) of the Road Traffic Act by receiving a summary order of a fine of KRW 3.5 million from the Gwangju District Court on January 29, 201, and a fine of KRW 1.5 million from the Gwangju District Court on November 25, 2014 to a summary order of KRW 1.5 million from the violation of the Road Traffic Act.

On November 24, 2018, at around 22:37, the Defendant driven a 100-meter D K7 car from the Do front of the restaurant where the trade name in the Gwangju Mine District cannot be known, to the roads front of the C Hospital located in Gwangju Mine District B, while under the influence of alcohol by 0.10%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: To refer to inquiries and to the application of each summary order statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Taking into account all the circumstances, such as the criminal records, blood alcohol density, driving distance, etc. of the defendant for the reason of sentencing Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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