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(영문) 광주지방법원 2018.06.07 2018고단996
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 May 18, 2012, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by issuing a summary order of KRW 3,00,000 as a fine for a violation of the Road Traffic Act at the Gwangju District Court on May 18, 201, and a fine of KRW 3,50,000 as a crime of violating the Road Traffic Act at the Gwangju District Court on May 21, 2012.

On February 9, 2018, while under the influence of alcohol level of 0.131% during blood transfusion around 23:30, the Defendant driven a 200-meter D SM5 car from the Hansung apartment house located in the Handong in the Gwangju Mine-gu through the construction of the above apartment complex.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

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

1. On-site photographs of each traffic accident;

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. The grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the said Act, and consideration of all the circumstances, including the criminal records of the Defendant, the alcohol concentration level in blood, driving distance, etc.

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