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(영문) 광주지방법원 2018.05.24 2018고단1152
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 December 12, 2007, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by issuing a summary order of KRW 700,000 for a fine for a violation of the Road Traffic Act at the Gwangju District Court on December 24, 2010, a summary order of KRW 3,00,000 for a violation of the Road Traffic Act at the Gwangju District Court on December 24, 201, and a summary order of KRW 7,00,000 for a violation of the Road Traffic Act at the Gwangju District Court on February 4, 2015.

On March 16, 2018, while under the influence of alcohol level of 0.108%, the Defendant driven a 500-meter B SM5 car from the Do in front of the cafeteria of the floor of a fireworks sampling dong in Gwangju North-gu, Gwangju, to the 1059 road in front of the Haak-gu, Gwangju, as the Defendant was under the influence of alcohol level of 0.10%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. An explanatory note;

1. Previous conviction: Application of a written inquiry and a summary order;

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

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. The grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the said Act, and consideration of all the circumstances, including the criminal records of the Defendant, the alcohol concentration level in blood, driving distance, etc.

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