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(영문) 광주지방법원 2018.05.24 2018고단1359
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

[criminal history] On December 20, 2013, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and on August 24, 2016, the Defendant was issued a summary order of KRW 2 million for the same crime at the same court.

[2] The Defendant, while under the influence of alcohol level of 0.118% in blood, was driven on April 7, 2018 by the Defendant, at around 13:55 on the same day, drive the said cargo vehicle from about 3 km to the exit from the above parking lot around 14:19 on the same day at around 14:19 on the same day, at the distance of about 2 meters in sight, which was located in the prisoner of war in mountain-si, Busan Metropolitan City on April 7, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the record of drinking testing and the result of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a summary order-making statute;

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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