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(영문) 광주지방법원 2019.05.09 2019고단879
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 5, 2019, at around 01:30, the Defendant driven an Epic vehicle while under the influence of alcohol content of about 0.203% at the 2km section from the Seo-gu, Seo-gu, Gwangju apartment, to the front road of the same Gu C apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a written appraisal of blood alcohol and notification of the results of crackdown on drunk driving;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. A person who has been punished by a fine for three times after 201 or for drinking driving since 2001 under Article 62-2 of the Criminal Act shall be punished by imprisonment in consideration of the fact that the defendant's drinking operation was revealed by traffic accident, the degree of blood alcohol concentration is high, etc.

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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