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(영문) 광주지방법원 2018.05.31 2018고단1246
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 2, 2010, the Defendant issued a summary order of KRW 1,000,00 as a fine for a crime of violating the Road Traffic Act at the Gwangju District Court on July 2, 201, and on December 15, 2011, issued a summary order of KRW 4,00,000 as a fine for a crime of violating the Road Traffic Act at the Gwangju District Court on December 15, 201, and on September 10, 201, the Defendant violated Article 44(1) of the Road Traffic Act at the Gwangju District Court on more than two occasions, such as being sentenced to a suspended sentence of imprisonment for six months due to a crime of violating the Road Traffic Act (drinking).

On April 5, 2018, under the influence of alcohol level of 0.129% among blood transfusion around 16:45, the Defendant driven a 3km BM3 car from the Do in front of the mutual influence restaurant in the Nam-gu Namdong in Gwangju-gu to the front road of the Southern-gu elementary school.

Summary of Evidence

1. Statement by the defendant in court;

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

1. On-site photographs of each accident;

1. Previous convictions in the judgment: A reply to inquiry, each summary order, and the application of statutes;

1. In addition, even though the criminal defendant committed the instant crime several times, including the fact that he/she was sentenced to a suspended sentence of imprisonment for the reasons of sentencing under Article 148-2(1)1 and Article 44(1) of the Road Traffic Act, regarding the criminal facts and the selective punishment, it is determined that the criminal defendant is highly likely to repeat the instant crime by committing the crime. Meanwhile, considering all the circumstances, such as the fact that the criminal defendant's mistake is recognized, alcohol concentration level, driving distance, etc.

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