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(영문) 광주지방법원 2019.01.22 2018고단4482
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 27, 2015, the Defendant was issued a summary order of a fine of three million won by committing a violation of the Road Traffic Act at the Gwangju District Court, and on November 19, 2015, the Defendant was sentenced to a suspended sentence of two months by imprisonment with prison labor for the same court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and a violation of the Road Traffic Act.

On November 8, 2018, at around 20:45, the Defendant driven CK5 car while under the influence of alcohol by about 0.149% in the section of about 3 km from the south-gu Seoul metropolitan Nowon-gu to the roads adjacent to the same Gu B.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, summary orders, application of statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of a sentence of alternative imprisonment with prison labor (the defendant was punished twice as stated in the previous judgment, and in 2015, he was sentenced to a suspended sentence of imprisonment with prison labor by injuring the victims of traffic accidents caused while driving under drinking, even though he did not know, again commits the instant crime without prison labor, and the blood alcohol concentration is also high, etc.);

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