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(영문) 광주지방법원 2020.01.22 2019고단4905

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

except that 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 October 30, 2019, at around 01:16, the Defendant driven a F low-water vehicle in the state of alcohol alcohol concentration of about 0.234% at the section of approximately 500 meters from the roads near Gwangju Northern-gu C to the roads near the E adjacent to Gwangju Northern-gu D.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is as follows: (a) the Defendant driven the blood alcohol concentration of 0.234%; (b) the Defendant is not liable for traffic accidents that occur during driving; (c) so, he/she is chosen to punish him/her; (d) the Defendant has no history of punishment except that he/she was punished for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 2001; and (e) recognized the instant crime; and (e) the enforcement of the instant crime by comprehensively taking into account the Defendant’s age, character and behavior, environment, and conditions after the crime