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(영문) 광주지방법원 2018.05.17 2018고단955
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

On September 11, 2007, the Defendant issued a summary order of KRW 500,00 as a crime of violating the Road Traffic Act at the Gwangju District Court on September 11, 2007, and on July 2, 2010, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act at the Gwangju District Court on July 2, 201.

[2018 Highest 955] On March 15, 2018, the Defendant driven a 500-meter B Poter freight vehicle from the Do near a desired hospital located under the influence of alcohol level of 0.103% in the influence of alcohol during blood transfusion at around 20:5 on March 15, 2018.

[2018 Highest 1091] On March 14, 2018, the Defendant driven a car of 200 meters highest C private house from the place under the influence of alcohol level of 0.172% during blood transfusion to the place under the influence of alcohol level of 0.172% in Gwangjubuk-gu, Yangsan-dong, Gwangju, to the place under the influence of alcohol level of 0.172%.

Summary of Evidence

【Criminal Records】

1. Written inquiry and reply;

1. Copies of each summary order (2018 highest 955);

1. Statement by the defendant in court;

1. An explanatory note;

1. Statement of the circumstances of the driver involved in driving;

1. Each photograph (2018 Height 1091);

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of enforcement manual statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (or choice of imprisonment with prison labor) concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend, and consideration of the criminal records of the defendant, the degree of alcohol concentration in blood, driving distance, etc.

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