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(영문) 광주지방법원 2019.01.17 2018고단4625
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 15, 2010, the Defendant issued a summary order of KRW 1,500,000 for the crime of violation of the Road Traffic Act at the Gwangju District Court. On June 22, 2012, the Defendant issued a summary order of KRW 2,00,000 for the crime of violation of the Road Traffic Act at the Gwangju District Court, and on February 13, 2014, the Defendant violated Article 44(1) of the Road Traffic Act by being sentenced to the suspension of the execution of six months for imprisonment at the Gwangju District Court for the crime of violation of the Road Traffic Act at least twice.

On November 18, 2018, the Defendant, while under the influence of alcohol at 03:40% of alcohol level, driven a 30-meter FM7 car from the Do front of the convenience store in Gwangju Mine-gu, to the Elaundry Road located in Gwangju Mine-gu, the Defendant driven a 30-meter FM7 car from the Do front of the convenience store in Gwangju Mine-gu.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs of traffic accidents;

1. The circumstantial statement of the employee;

1. A previous conviction in judgment: An inquiry letter, each summary order, and the application of statutes governing the judgment;

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. Article 62 (1) of the Criminal Act;

1. Taking into account all the circumstances, including the fact that probation, community service, and lecture attendance order had the same criminal records as the reasons for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, Article 59 of the Act on Probation, Etc., committed the instant crime even if they were to have the same criminal records as the reasons for sentencing, the degree of blood alcohol concentration is not low, the Defendant’s mistake is recognized, the driving distance is short, and there

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