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(영문) 광주지방법원 2019.01.08 2018고단4208
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 8, 2009, the Defendant was issued a summary order of KRW 1.5 million by a fine at the Gwangju District Court for a violation of the Road Traffic Act, and on July 24, 2013, the Defendant was sentenced to a suspended sentence of six months by imprisonment for a violation of the Road Traffic Act (driving) and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving). On April 1, 2015, the Defendant was sentenced to a fine of KRW 7 million by the same court on April 1, 2015.

On September 23, 2018, at around 08:20, the Defendant driven a Doz car with a blood alcohol content of about 0.202% while under the influence of alcohol from around 2 km to C’s neighboring parking lot from the YY B to C.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

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

1. Previous records: Application of criminal records, inquiry reports, written judgments, and other Acts and subordinate 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 three times for drunk driving as stated in the previous judgment, and in 2013, the defendant was sentenced to a suspended sentence of imprisonment with prison labor by injuring the victims of traffic accidents caused during drunk driving, although he did not know, again commits the instant crime without prison labor, and the blood alcohol concentration is very high, etc.);

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