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(영문) 광주지방법원 2019.01.24 2018고단4765
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On November 23, 2007, the Defendant was sentenced to a summary order of KRW 3,00,000 by a fine for a violation of the Road Traffic Act, etc. at the Gwangju District Court on September 24, 2009, sentenced to six months by imprisonment for a violation of the Road Traffic Act at the Gwangju District Court on September 24, 2009, and was sentenced to a violation of Article 44(1) of the Road Traffic Act on October 15, 2015 by the Gwangju District Court on December 25, 2015.

On October 6, 2018, at around 15:50, the Defendant driven a 50-meter high-class D class III truck on the front side of Gwangju Mine District, while under the influence of alcohol of 0.237%.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. An accident site photograph;

1. Investigation report (report on the circumstances of an immigration driver);

1. A previous conviction in judgment: An inquiry letter, summary order, and application of each statute;

1. Taking into account all the circumstances, including the fact that the instant crime was committed even though there are many criminal records of the same kind including the punishment sentenced to imprisonment for the reason of sentencing under Article 148-2(1)1 and Article 44(1) of the Road Traffic Act concerning the relevant criminal facts and the choice of the punishment, and the fact that the blood alcohol concentration is very high, while the Defendant acknowledges his mistake on the other hand.

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