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(영문) 광주지방법원 2018.11.08 2018고단3674
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

On August 16, 2018, the Defendant driven B Poter 2 while under the influence of alcohol content of approximately 0.323% from the 9km section from around 21:35 to the 2nd road of the same city to the 218-ro in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the notification of the results of regulating drinking driving, the records of measuring drinking, and the results of regulating drinking driving;

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

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. The punishment of an order to attend a course for sentencing under Article 62-2 of the Criminal Act shall be imposed by selecting imprisonment in consideration of the fact that the person has been punished once due to drinking, driving, etc., and that the person has a very high alcohol concentration in blood;

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

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