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광주지방법원 2018.05.17 2018고단1189

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor 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

[2] On May 8, 2009, the Defendant received a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act (dacting driving) from the Gwangju District Court. On February 22, 2013, the Defendant received a summary order of KRW 1,50,000 as a fine for the same crime from the same court. On October 28, 2014, the Defendant received a summary order of KRW 5,00,000 as a fine for the same crime.

[2] On March 28, 2018, around 23:30, the Defendant driven B QM5 car under the influence of alcohol concentration of about 0.089% at approximately 30 meters from the 300-meter section to the day before the cafeteria, which is located in the 6th city of Gwangju Mine-gu, in the vicinity of the G-gu funeral hall, to the day before the cafeteria 96 in the same route.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking and inquiry of the results of crackdown on drinking driving;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

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. For the reasons of sentencing under Article 62-2 of the Criminal Act, an order to attend a course of imprisonment shall be selected and punished, taking into consideration the level of alcohol alcohol, the circumstances leading to the driving of alcohol, the distance and place of the driving of alcohol, the age, sex, environment, circumstances after the crime, etc., and other relevant factors, shall be determined as ordered by the court;