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(영문) 광주지방법원 2018.09.13 2018고단2910
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 22, 2015, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by issuing a summary order of KRW 4,000,000 as a fine for a violation of the Road Traffic Act at the Gwangju District Court on January 22, 201, and a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act at the Gwangju District Court on April 20, 2016.

1. On June 22, 2018, under the influence of alcohol level of 0.073% among blood transfusion around 07:05, the Defendant driven a volume of 200 meters Hplow-low-water vehicle from the Han River Do located in the Handong-dong of Gwangju Northern-gu to the two roads located in the Handong-dong of Gwangju Northern-gu.

2. On July 12, 2018, under the influence of alcohol level of 0.10% in blood around 07:32, the Defendant driven a large-scale apartment parking lot of 15 km-ro 51, west-ro, Gwangju Mine-gu, to the roads near 15, Seonam National Statistical Office located at the 15th coefficient in Gwangju-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver at each driving school;

1. Previous convictions in judgment: Application of an inquiry letter, each summary order, and each statute;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (or choice of imprisonment with prison labor) concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Although Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to Attending, even if two times of fines due to driving of drinking alcohol for the reason of sentencing, each of the instant crimes was committed, and in particular, even though it was recognized on June 22, 2018 that the driver’s license will be revoked after the crime was committed, the Defendant is likely to repeat the crime, such as driving under drinking again on July 12, 2018.

Determination, on the other hand, considering all the circumstances, such as the fact that the defendant's mistake is recognized, the fact that there is no other criminal record than the above criminal record, and the degree of alcohol concentration during blood.

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