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(영문) 광주지방법원 2018.09.20 2018고단3077
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 3, 2010, the Defendant issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Gwangju District Court on September 3, 201, and a person who violated Article 44(1) of the Road Traffic Act two times or more by having issued a summary order of KRW 4 million for the same crime at the same court on December 16, 2013.

On July 21, 2018, at around 21:56, the Defendant driven a B low typ car in the state of alcohol alcohol concentration of about 50 meters from the front of a mutually influent restaurant located in the Soh-si, to the third-distance road in the same Dong, from around 50 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the result of regulating driving of drinking alcohol (No. 10 No. 10);

1. Previous convictions in judgment: Application of two-yearly Acts and subordinate statutes, such as written inquiries about criminal history, and written summary orders;

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. Sentence 62-2 of the Criminal Act: Imprisonment with prison labor shall be imposed in a lump sum, taking into account the defendant's drinking, driving power, etc. for sentencing;

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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