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(영문) 광주지방법원 2019.08.29 2019고단2371
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On October 18, 2013, the Defendant received a summary order of KRW 3 million for a crime of violation of the Road Traffic Act from the Gwangju District Court, and a summary order of KRW 5 million for the same crime from the Suwon District Court on January 23, 2017.

【Criminal Facts】

Despite the fact that the Defendant violated Article 44(1) of the Road Traffic Act more than twice, at around 23:25 on June 7, 2019, the Defendant driven CK9 car under the influence of alcohol with a blood alcohol concentration of 0.103% 0.103% from the front side of the so-called Geumho-dong, Seo-gu, Gwangju to approximately five kilometers from the south-gu, Seo-gu to the front side of the Nam-gu, Gwangju.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Criminal records: To refer to inquiries, and to the application of each summary order statutes;

1. Relevant legal provisions and Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

1. Article 62(1) of the Criminal Act on the suspended execution (hereinafter “the grounds for the suspended sentence”), which takes into account the favorable circumstances

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation Act, and Article 62-2 of the Act on the Order of Community Service and Order of Education, and Article 59 of the Act on the Probation, etc., are to select imprisonment in that the defendant has already been punished three times or more, but the defendant was engaged in a drunk driving and the blood alcohol concentration at the

However, the above facts are considered in favor of the defendant, including the previous conviction for drunk driving, and the fact that the defendant reflects the depth of the crime of this case.

In addition, the punishment as ordered shall be determined by comprehensively taking into account various circumstances, such as the motive for drinking alcohol driving, the place and distance where drinking alcohol driving is conducted, the circumstances after the crime is committed, the defendant's age, character and conduct, and the environment.

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