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(영문) 광주지방법원 2019.03.07 2019고단36
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On May 19, 2016, the Defendant issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act at the Gwangju District Court, and KRW 2 million as a fine in the same court on April 19, 2018.

【Criminal Facts】

On December 18, 2018, at around 23:09, the Defendant driven a F-crack-type car under the influence of alcohol concentration of about 0.098% at a section of about 500 meters from the front of the C in Gwangju Mine-gu to the front of the E-high school located in the same Gu.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking driving control and inquiry of the results of drinking driving control;

1. A previous record before ruling: Application of a reply to inquiry, such as criminal records, investigation report, and statutes;

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. Sentence of an order to attend a lecture shall be imposed by selecting a prison term at once taking into account the defendant's records of drinking, driving, etc. for sentencing;

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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