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(영문) 광주지방법원 2018.11.08 2018고단3203
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 December 30, 2013, the Defendant is a person who has violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 4 million for a crime of violating the Road Traffic Act from the Gwangju District Court on December 30, 2013, and a fine of KRW 5 million for a crime of violating the Road Traffic Act from the Gwangju District Court on October 6, 2015.

On July 31, 2018, under the influence of alcohol level of 0.117% among blood transfusion around 01:40, the Defendant driven a 10-meter CK5 car at the front of the entrance of the apartment site for the Gu of Gwangju, Nam-gu, from the front of the entrance of the relevant apartment site, to the above apartment 105 front parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. An accident scene photograph;

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. 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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