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(영문) 광주지방법원 2018.05.24 2018고단1276
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 31, 2008, the defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 2 million by the same court on January 21, 201.

[2] Notwithstanding the fact that the Defendant had been in violation of Article 44(1) of the Road Traffic Act more than twice, the Defendant driven a CSpo-type car under the influence of alcohol concentration of about 059 and about 0.120% from the 3km section of the blood alcohol level on March 27, 2018 at the same Gu from the parking lot of the Maamamamba-dong, Gwangju, Gwangju, about 21:10 on March 27, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment, etc.);

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 lecture shall be imposed by selecting a prison term of imprisonment at once taking into account the defendant's records of driving alcohol for sentencing under Article 62-2 of the Criminal Act; and

In addition, it shall be determined by the text in consideration of the degree of alcohol alcohol, the circumstances leading up to the driving of alcohol, the distance and place of the driving of alcohol, the age, sex, environment, health conditions, circumstances after the crime, etc.

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