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(영문) 광주지방법원 2018.11.08 2018고단3630
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor 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

[criminal history] On August 6, 2007, the Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court on August 6, 2007; on August 21, 2012, the same court issued a summary order of KRW 3 million for the same crime; and on March 25, 2015, the same court received a summary order of KRW 5 million for the same crime.

[2] On August 5, 2018, around 18:00, the Defendant driven B rocketing car under the influence of alcohol content of around 0.186% in alcohol while under the influence of alcohol, from the roads near the cafeteria of soil salt cafeteria located in Gangnam-gu Seoul, Seoul, to the roads near the same 527 (Renick-dong).

As a result, the Defendant violated the prohibition clause on drinking more than twice, and drives a motor vehicle under the influence of drinking in violation of the same clause again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of regulating the driving of drinking alcohol;

1. Sovereign photographs;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, investigation report [including three copies of a summary order attached to a summary order of the same kind as the suspect] by statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. An order to attend a course shall be punished by imprisonment in a lump sum, taking into account the defendant's drinking driving power, etc., as stated in the judgment of sentencing in Article 62-2 of the Criminal Act;

Other punishment as ordered shall be determined in consideration of the degree of alcohol, the circumstances leading up to the driving of alcohol, the distance and place of the driving of alcohol, the age, sex, environment, circumstances after the crime, etc. of the defendant.

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