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(영문) 광주지방법원 2018.03.29 2018고단193
도로교통법위반(음주운전)
Text

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

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 16, 2008, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Gwangju District Court on September 16, 2008, and a fine of one million and five hundred thousand won for the same crime at the same court on April 4, 2016, respectively.

On December 16, 2017, at around 22:53, the Defendant driven B car under the influence of alcohol content of about 0.121% from 173-9 to the lower end of the road of 173 Do-ro, Do-ro, U.S., Do-dong, 173-9.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. For the reasons of sentencing under Article 62-2 of the Criminal Act, an order to attend a course of imprisonment shall be selected and punished, taking into consideration the level of alcohol alcohol, the circumstances leading to the driving of alcohol, the distance and place of the driving of alcohol, the age, sex, environment, circumstances after the crime, etc., and other relevant factors, shall be determined as ordered by the court;

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