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(영문) 광주지방법원 2019.05.16 2019고단1083
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 2, 2019, at around 22:35, the Defendant driven a lust vehicle under the influence of alcohol concentration of about 0.196% at the 1km section from the south-gu Gwangju City B market to the same studio-gu road.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control and the application of Acts and subordinate statutes to inquire about the results thereof;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Even if the sentencing period of Article 62-2 of the Criminal Act has long run, there was a history of punishment of a fine due to drinking driving two times after 2005, personal damage did not occur even though the two parked vehicles have a shocked traffic accident, and the Defendant’s crime of drinking driving was prevented, and the blood alcohol level was high, the Defendant shall be selected and sentenced to imprisonment at this time, taking into account the following factors: (a) even if the sentencing period of Article 62-2 of the Order to Attend is long;

In addition, the punishment as ordered shall be determined in consideration of the circumstances of drinking driving, the distance and place of drinking driving, the age and character, character and conduct, environment, circumstances after the crime, etc.

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