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(영문) 광주지방법원 2019.04.30 2019고단513
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 6, 2011, the Defendant received a summary order of KRW 7 million from a fine due to a violation of the Road Traffic Act (driving) at the Suwon District Court on the same day, and on June 12, 2013, the Defendant was sentenced to a suspended sentence of two or more years for the same crime on the grounds of a violation of the Road Traffic Act (driving) in the Busan District Court's net support on June 12, 2013.

On February 16, 2019, at around 20:40, the Defendant driven an EMW car in the state of alcohol of about 0.094% of blood alcohol concentration from the Seo-gu Seo-gu B apartment parking lot to the front road of the same Gu 1.5km.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records: Application of Acts and subordinate statutes such as a copy of the same electric power judgment;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. The sentence of imprisonment is to be imposed in light of the following: (a) the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, including the motive and background of the instant crime; (b) the circumstances after the instant crime was committed; (c) the Defendant’s family relationship; and (d) the possibility of recidivism; and (c) the fact that the Defendant again committed the instant crime, despite the fact that he/she had been sentenced five times to a fine due to the crime of drunk driving and refusing to take a drinking alcohol test; and (d) the Defendant again committed the instant

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