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(영문) 광주지방법원 2018.10.11 2018고단3163
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 July 18, 2018, at around 20:35, the Defendant driven B rocketing car with approximately 500 meters alcohol content 0.147% from the 500-meter section to the road in the same Dong from the “Sastren-dong,” located in the Yangsan-dong, Gwangju, Seogjin-dong.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written appraisal of alcohol during blood;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable conditions: The Defendant again committed the instant crime even though he/she was sentenced to a suspended sentence of one year for four months due to a violation of the Road Traffic Act at the Gwangju District Court on June 22, 2017; and the Defendant had a high alcohol concentration in blood.

B. favorable condition: The defendant recognized the crime of this case and reflects his mistake, and there is no record of punishment other than the above case.

C. The Defendant’s punishment was determined in consideration of the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, which were revealed in the records of the instant case.

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