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(영문) 광주지방법원 2018.10.18 2018고단3387
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 February 26, 2010, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by issuing a summary order of KRW 1,500,000 for a crime of violating the Road Traffic Act at the Gwangju District Court on February 26, 201, and a fine of KRW 2,50,000 for a crime of violating the Road Traffic Act at the Gwangju District Court on May 19, 201.

On July 5, 2018, under the influence of alcohol level of 0.172% among the blood transfusion around 22:44, the Defendant driven a 100-meter B SM5 car from the Do in front of the Gangwon-gu Do to the 58-lane 93-ro, Gwangju Northern meat restaurant, which is located in the 27-ro of Gwangju North-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

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

1. Previous convictions in judgment: Application of an inquiry letter, each summary order, and each statute;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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. Taking into account all the circumstances, including the criminal records of the defendant, the degree of alcohol concentration in blood, driving distance, etc., for the reason of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the said Act;

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