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(영문) 광주지방법원 2019.01.24 2018고단4861
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On February 11, 2011, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Gwangju District Court, and a fine of KRW 1 million to a fine in the same court on November 20, 2018, respectively.

【Criminal Facts】

On November 25, 2018, at around 10:21, the Defendant driven a vehicle B with low alcohol level of 0.162% from the Seo-gu, Seo-gu, Seo-gu to the entrance of the regular school at approximately 1 km from the km section of the same location, while under the influence of alcohol level of 0.162%.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions in judgment: A response to inquiries, such as criminal records, a report on the results of dispositions and confirmation, and the application of Acts and subordinate statutes on investigation reports;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. An order to attend a course shall be punished by imprisonment in a lump sum, taking into account the criminal records recorded in the judgment of sentencing under Article 62-2 of the Criminal Act and the criminal records of drinking driving;

Other punishment as ordered shall be determined in consideration of the degree of blood alcohol, the details of the drinking driving, the distance and place of the drinking driving, the age, character and conduct, environment, circumstances after the crime, etc.

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