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(영문) 광주지방법원 2018.09.13 2018고단2836
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

The Defendant is a person who violated Article 44(1) of the Road Traffic Act at the Seoul Eastern District Court on September 1, 2006, by issuing a summary order of KRW 1 million for a violation of the Road Traffic Act, on August 24, 2007, a fine of KRW 2 million for a violation of the Road Traffic Act at the Seoul Eastern District Court on August 24, 2007, and on April 14, 201, a summary order of KRW 5 million for a violation of the Road Traffic Act at the Seoul Northern District Court on April 14, 201.

On July 8, 2018, the Defendant, while under the influence of alcohol level of 0.158% during blood transfusion around 13:32, 2018, driven a motor vehicle of 7 km B Amp-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

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

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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. Taking into account all the circumstances, including the criminal records of the defendant, the degree of alcohol concentration in blood, driving distance, etc., for the reason of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the said Act;

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