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(영문) 광주지방법원 2018.11.15 2018고단3836
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal history] On June 25, 2008, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act in the Yeongdeungpo-gu District Court’s Yeongdeungpo-gu District Court’s Yeongdeungpo-gu branch on the ground of a violation of the Road Traffic Act, a summary order of KRW 1 million for the same crime at the Gwangju District Court on January 2, 2015, and a summary order of KRW 5 million for a fine in the same court on October 28 of the same year due to a violation of the Road Traffic Act.

[Criminal facts] The Defendant is a person who drives BRaba and freight vehicles.

On August 26, 2018, while under the influence of alcohol level of 0.141% among blood transfusion around 22:57, the Defendant driven a gold-gu 1 complex located in Geumho-gu, Seocheon-ro 41, Seo-gu, Gwangju, Seocheon-ro 41, from the road in front of the non-fluorous poty restaurant in Gwangju, Seo-gu, Seo-gu, Seocheon-ro, Seo-gu, 1, and run a B Raba car at the section of about 5 km up to the

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of the crackdown on driving under drinking (0.127%) and inquiries about the results of the crackdown on driving under drinking (0.141% of the applied marks);

1. Investigation report (specific hours of drinking driving) and investigation report (Calculation of alcohol concentration in the blood transfusions applied in the above dmark formula);

1. A photograph of the driver detection site;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgment);

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

1. An order of education under Article 62-2 of the Criminal Act shall be imposed by selecting an imprisonment with prison labor at a time, taking into account the defendant's records of driving alcohol (including the records of criminal records as indicated in the judgment), 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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