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(영문) 광주지방법원 2018.05.17 2018고단275
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 June 16, 2014, the Defendant was issued a summary order of KRW 3 million by a fine for a violation of the Road Traffic Act at the Gwangju District Court. On June 20, 2014, the Defendant was issued a summary order of KRW 5 million by a fine at the Gwangju District Court on June 20, 2014, and on June 26, 2014, the Defendant was a person who violated Article 44(1) of the Road Traffic Act by receiving a fine of KRW 5 million from a fine for a violation of the Road Traffic Act at the Gwangju District Court on June 26, 2014.

On January 13, 2018, while under the influence of alcohol level of 0.262% among the blood transfusion around 23:30, the Defendant driven a car at 1 km B SP emulpo from the Do in front of the trade name in the south-dong of Gwangju Mine-gu to the front road of the SK station located in Gwangju Mine-gu, as it is located in the 13th city.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: A reply to inquiry, each summary order, and the application of statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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. The grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the said Act, and consideration of all the circumstances, including the criminal records of the Defendant, the alcohol concentration level in blood, driving distance, etc.

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