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(영문) 광주지방법원 2018.07.05 2018고단1615
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 9, 2015, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and a summary order of KRW 2 million for the same crime at the same court on February 25, 2011, respectively.

On April 12, 2018, around 21:36, the Defendant driven a B Car under the influence of alcohol level of about 0.074% from approximately 50 meters from the front day of the 1059 (melting-dong), to the front day of the same trade name cafeteria, as the Defendant, at around 21:36, the Defendant driven the B Car under the influence of alcohol level of about 0.074%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

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

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

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 (see, e.g., Article 62 (1) of the Criminal Act on the grounds that the defendant approved the crime of this case and reflects his mistake and has no record of

1. The observation of protection and the order to provide community service and attend lectures, Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection;

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