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(영문) 광주지방법원 2019.11.28 2019고단2276
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 April 16, 2015, the Defendant was sentenced to suspension of indictment for a crime of violation of the Road Traffic Act at the Gwangju District Prosecutors' Office, and on October 26, 2016, issued a summary order of KRW 5 million at the Gwangju District Court for the same crime, etc.

【Criminal Facts】

On June 6, 2019, at around 07:55, the Defendant driven DNA-type car from the front day of the Seo-gu, Seo-gu, Gwangju to the front day of the 111-day road before Gwangju Viewing, while under the influence of alcohol content of 0.093%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

1. The sentencing of Article 62-2 of the Criminal Act requires the following comprehensive consideration of the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of the principal offense, the family relationship, the health condition of the defendant, and the possibility of recidivism, and other various sentencing conditions specified in the records and arguments of this case.

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