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(영문) 광주지방법원 2018.07.19 2018고단1752
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On March 30, 2007, the Defendant received a summary order of KRW 500,000 from the Gwangju District Court to a fine of KRW 500,000 as a crime of violating the Road Traffic Act, and on July 19, 201, the same court issued a summary order of KRW 3 million for the same crime.

[2] On April 30, 2018, at around 22:30, the Defendant driven a Cysta car in the state of alcohol alcohol concentration of approximately 0.107% from the 2km section from the black seat street in the Gwangju Mine to the front day of the regular course of business in the Seo-gu, Seo-gu.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who has violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

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. An order to attend a course of punishment shall be imposed by selecting an imprisonment with prison labor at the same time, taking into account the defendant's records of punishment for drinking alcohol for sentencing under Article 62-2

Other punishment as ordered shall be determined in consideration of the degree of alcohol, the circumstances leading up to the driving of alcohol, the distance and place of the driving of alcohol, the age, sex, environment, circumstances after the crime, etc. of the defendant.

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