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(영문) 광주지방법원 2018.08.23 2018고단2646
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

On June 25, 2018, the Defendant driven D's low-income motor vehicle under the influence of alcohol concentration of approximately 0.093% in a section of about 1.5km from the Pudong apartment parking lot in Pudong, located in 242, according to the Northbuk-gu, Gwangju, to the mountain road in 272, according to the same northwest-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant legal provisions and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. In light of the Defendant’s records of driving alcohol (Punishment three times after 2004) with the reason for sentencing Article 62-2 of the Criminal Act, it is necessary to select and punish imprisonment at this time.

In addition, the punishment shall be determined as ordered in consideration of the degree of alcohol concentration, the circumstances leading to the driving of alcohol, the distance and place leading to the driving of alcohol, the distance from the last punishment to the crime of this case, and the distance, age, sex, environment, circumstances after the crime, etc.

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