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(영문) 광주지방법원 2019.02.12 2018고단4559
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 4, 2013, the Defendant is a person who violated Article 44(1) of the Road Traffic Act not less than twice by being sentenced to a summary order of KRW 5,00,000 for a fine of KRW 5,00,00 for a violation of the Road Traffic Act at the Gwangju District Court, and a fine of KRW 3,00,000 for a violation of the Road Traffic Act at the Gwangju District Court on May 19, 2016.

On November 13, 2018, while under the influence of alcohol 0.118% on blood alcohol level, the Defendant driven a 300-meter Franchising car from a Do near the C cafeteria located in Gwangju Mine-gu, to the roads in front of the E Office located in Gwangju Mine-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: To refer to inquiries and to the application of each summary order statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Taking into account all the circumstances, such as the criminal records, blood alcohol density, driving distance, etc. of the defendant for the reason of sentencing Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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